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Review Your SQE 1 Practice Records

Examination Timing: 00H00M22S

David leases a top floor flat to Lucy. During the term of the lease, David allows Lucy to store coal in a coal shed at the bottom of the garden of the small block. When Lucy's lease of the flat expires, she renews it for a further period of two years by verbal agreement (parol). During the period of the second lease, David demands that Lucy pay him £10 per week for the use of the coal shed. 


Which of the following statements best describes the legal position?

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Lucy has no right to use the coal shed. The original permission to use the coal shed would not automatically continue into the new lease made by verbal agreement. An easement implied by necessity or common intention would not apply here as the right to use the coal shed is not essential for the enjoyment of the flat, nor was it intended to be included in the new lease specifically. The rule in Wheeldon v Burrows does not apply as it primarily addresses easements created during the sale of part of a property. Section 62 of the LPA 1925 only operates to imply easements into conveyances made by deed, not into leases made by parol (verbal agreement). Therefore, without an express grant or a new deed, Lucy has no legal right to use the coal shed. 


Key Point: For an easement to be implied into a new lease, the lease typically needs to be created by a formal deed. Verbal agreements (parol leases) do not benefit from the implication of easements under section 62 LPA 1925, underscoring the importance of formal documentation in property transactions to protect and preserve such rights.

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