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Review Your SQE 1 Practice Records

Examination Timing: 00H00M43S

Emma leases a top floor flat to Sarah. During the term of the lease, Emma gives Sarah permission to store coal in a coal shed at the bottom of the garden of the small block. When Sarah's lease of the flat expires, she renews it for a further period of 25 years. During the period of the second lease, Emma demands that Sarah pay her £10 per week for the use of the coal shed.

Which of the following statements best describes the legal position?

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Sarah has an easement implied by section 62 of the Law of Property Act 1925 to use the coal shed. The right to use the coal shed was granted during the first lease and continued in the second lease as an implied easement under section 62 LPA 1925, which automatically converts permissions and quasi-easements into full easements upon the grant of a new lease or conveyance. The right is not necessary for the enjoyment of the land (hence not an easement of necessity), nor was it intended to be included specifically in the conveyance (hence not an easement by common intention). While the rule in Wheeldon v Burrows can create easements upon the sale of part of land, it is less relevant here as section 62 directly addresses implied easements in the context of lease renewals. 

Key Point: Section 62 of the LPA 1925 is a powerful tool in property law that can transform licences and permissions into legal easements when a lease is renewed or when a property is conveyed. This mechanism ensures that certain rights that were enjoyed during a previous term are preserved and continue into the new term, thereby protecting tenants' interests.

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