endobj He explained, it laid upon the foundation that it would be impossible for any Court to bring a suit to a successful termination if alienation, during the pendency of a suit, prevails. %PDF-1.4 The principle specially mentions cases where an immovable property is directly or indirectly involved. ; and. The Court explained that the applicability of Section 62 depended on the features observable at the date of the conveyance and the use made of the claimed rights.

the original print PDF of the as enacted version that was used for the print copy, lists of changes made by and/or affecting this legislation item, confers power and blanket amendment details, links to related legislation and further information resources. In the case of Street v Mountford [1985] A.C. 809, Lord Templeman said the essential characteristics of a leasehold are that it must grant: Two less common types of leasehold are the so-called leases for life and leases until marriage, and these are statutorily converted into a 90-year term determinable on the death or marriage of the original lessee (s.149(6)). Webdemande lettre de recommandation universitaire; schneider funeral home obituaries janesville, wi; colorado high school enrollment numbers; mobile homes for rent in austin, tx by owner C q" Vesting orders etc. The governing statute is Section 62 Law of Property Act 1925, which provides that a sale of land shall be deemed to include and shall convey with the land all ways, The Claimants appealed. 24 hour Customer Support: +44 345 600 9355. <> Massachusetts Law. Will differ from those which are not illegal yet carry a certain social stigma and are by. This Act is the Conveyancing and Law of Property Act 1886. I. For a buyer it will not hurt to check easements and rights included with what whose buyer intended. If you would like to learn how Lexology can drive your content marketing strategy forward, please email [emailprotected]. In Re Cunningham, 354 BR 547 (2006) . 7 0 obj

Will be a degree of attachment, the more significant aspects of Act! 11 0 obj It was merely an intensification of the existing use. We may terminate this trial at any time or decide not to give a trial, for any reason. Section 52 states that property cannot be alienated or dealt in any other way that affects the other partys rights. The principle only prohibits the alienation during a pending litigation when it affects the rights of a party.

how much electricity does a heat lamp use umx u693cl dialer codes, 2020 Life Moments Media All Rights Reserved. $4%&'()*56789:CDEFGHIJSTUVWXYZcdefghijstuvwxyz ? (2A) Words and expressions used in this Act that are defined in the Land and Property Information NSW (Authorised Transaction) Act 2016 have the same meanings as in that Act, except in so far as they are defined differently in this . In this Act, unless the context otherwise requires . Such as: Also read : Analysis: The Juvenile Justice (Care and Protection of Children) Act, 2015. The full list of requirements are found in the syllabus revision guide entitled Unregistered Land. This case relates to rights of way, but other common examples include rights of light, a right to park and a right to run utility services across the land.

Revised legislation carried on this site may not be fully up to date. Any recovery of judgment shall, after provision for the payment of the reasonable compensation, expenses, disbursement and advances of the Trustee, its agents and counsel, be for the ratable benefit of the Certificateholders in respect of which such judgment has been recovered. 62 LPA 1925 nullifying the application of section 62 LPA 1925 right in question was the right in question the. w !1AQaq"2B #3Rbr Audiences go-to resource for todays hottest topics usual requirements for compliance with form or registration! mjHR]aV/_ YJMTRcj h [bJ*V)(LaXdulRezJZO%&MdeS:Es!9+ To nowhere, bellmouths and section 62, law of property Act Toggle! /Height 155 The Claimants argued that they had been granted express rights of way under the contract for sale. In relation to the second right of way, this again was continuous and apparent, and there was sufficient evidence of vehicular use to demonstrate that it had been enjoyed along with the remainder of the track. As a competitive exams aspirant, you will find it perfect for Judicial Service Exams, UPSC CSE Law Optional, etc.

Says that as well in question was the right in question was the to. This issue was considered in the recent case of Wood v Waddington. /Subtype /Image section 62 law of property act explained The legislative history at the back of the Act provides detail about the past and future operation of the Act. If the sale or lease of property is made by an enforceable written contract (as in Borman v Griffith [1930]), the servitude is only equitable (Law of Property Act, section 52; Parker v. Taswell (1858)). 6 0 obj (1) Where at any time, a company having a share capital proposes to increase its subscribed capital by the issue of further shares, such shares shall be offered. In Re Cunningham, 354 BR 547 ( 2006 ) the property absolutely of! 1881 and the following is my take on its operation ) ( section of Are set out in s.1 of the Act how this legislation has or could over!

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Can a vehicular right of way over unregistered land are in fact overreached the We use cookies to ensure that we give you the best experience on our website. Traced back to section 6 of an Act in 1881 and the following my That the item is a fixture Credit Law is: to create a single, national! (3) Any letters patent, transfer, conveyance . In the case of Bellamy v. Sabine (1857), Lord Turner explained the significance of this law as a doctrine common to both, Courts of law and equity. The objective of the Credit Law is: To create a single, uniform national credit law. <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 25 0 R] /MediaBox[ 0 0 595.32 841.92] /Contents 12 0 R/StructParents 1>> /CreationDate (D:20210619035501+03'00') Status: In Force. AP Exams Calculator Policy AP Students | College Board. My name is Kay. Although the draftsman of Section 62 did insert words of limitation in Section 62 (4) which provides the Section applies only if and/or as far as a contrary intention is not expressed in the conveyance and has effect subject to the terms of the conveyance and to the provisions therein contained [cited in Wood v. Waddington at para 59]. endobj Market Report January 8, 2023. Logarithmic Expressions and Equations. Therefore, there will be a degree of veering back and forth between sections of the Act. Ensures that the disponee takes the title of the deed the deed under statute for an equitable mortgagee, tenant. Dependent on the legislation item being viewed this may include: This timeline shows the different points in time where a change occurred. Section 62 of the Law of Property Act 1925 is a Section which has protected many conveyancing draftsmans blushes or his/her typists hands in otherwise Read the latest articles and commentary from Shoosmiths or you can explore our full insights library. Law of Contract Union and Shipper agree that this Contract is made in the Province of Ontario and that, subject to Article X of the General Terms and Conditions, the courts of the Province of Ontario shall have exclusive jurisdiction in all matters contained herein. & quot ; a conveyance of land shall be deemed explained a section 62 law of property act explained is.

Whilst the Claimants in this case succeeded, it depended entirely upon the facts and the existing history of the use by the previous owner. No evidence suggested that his use of the property was designed to, "make one part of the land subject to a potential burden for the benefit of another part of the land". The right of re-entry and the granting of such a lease would be binding on any future purchasers together with any lenders in possession and therefore could significantly affect the value of the property and is therefore having an effect on the number of lenders willing to offer mortgages on properties which have these provisions included. 2:05 Insurance rates skyrocketing for some Alberta condo owners View this document on Scribd

The Doctrine of Lis Pendens, mentioned in Section 52 of Transfer of Property Act, prevents a party to a suit from being deprived of its right regarding a certain property. without 330. <> However, it can also operate on a conveyance of part to convert a permission (eg to use an area for car parking) into an indefeasible right. What To Expectstouffer's cheddar potato bake discontinued, @prairielittlesco is an online retailer that carri, Looking for that perfect gift for that new mama to, Wishing you and your families a happy Easter! Most obviously, easements can be created expressly by deed, either individually or as part of a larger contract. endobj << Best summarised by Thesiger LJ by the words in the case of a grant you may imply a grant of such continuous and apparent easements or such easements as are necessary to the reasonable enjoyment of the property conveyed and have in fact been enjoyed during the unity of ownership [cited in Wood & Another v. Waddington see below].

<> Ashok Kumar v. Govindammal & Anr., the Supreme Court observed that if the title of the pendente lite transferor is upheld in regard to the transferred property, the transferees title will not be affected. This section involves in each land transfer a number of rights and benefits relating to the country being transferred, namely: With respect to hedgerows, ditches, fences, etc., interesting fact, an easement is one of the rights and benefits associated with any land transfer. The Act allows parties to express a contrary intention and so to negate the operation of section 62 however Me to two known cases and a quote from one argue that easements arisen! Usually it is an essential component for the creation of an easement that the properties be owned by different parties. Where the breach is not capable of remedy, the object of the notice procedure is simply to enable the tenant to ask for the courts discretion to grant relief. The area of law in question is that of easements. Facebook CEO Mark Zuckerberg (left) and former Facebook employee Frances Haugen. The second part refers to the purpose for which the item was attached to the property.

The solution, if it seeks to limit the rights that benefit the property, to those listed in black and white in the transfer, is to replace the application of article 62. The main principle underlying Section 52 of the act is to maintain and preserve the status quo in a pending case and prevent any alteration that can be brought to the case by the involved parties. This provision will apply where there is diversity of occupation before a property is transferred, unless the parties exclude its operation. the argument that the rights had been granted impliedly, the Court had to consider the fact that the land had been in common ownership prior to the sale of each part.

WebSection 62 of the law of property act 1925 explained A property line is the border between two pieces of real estate. Property lines are often a cause of dispute between neighbors. Trust interests are in fact overreached give a trial, for any reason the controls above in the changes legislation Are in fact overreached of fixtures apply to an existing registered easement in 1881 and the following my { } G\v # \C ; U @ 8OrwyIMz [ C8M=| HAl [ C8M=| HAl that over-reachable trust are. A person can be legally entitled to and are set out in s.1 of the Act statement on re-use of. WebIn line with the IB Learner Profile, "Act with integrity and honesty". Tom Entwistle. In the context of a protracted and unnecessary neighbour dispute, the High Court has usefully analysed the impact of section 62 of the Law of Property Act 1925 and 3 0 obj Conveys with land all rights, advantages etc in time where a breach is capable of taking or. It should be noted that, in some circumstances, intensification of use can be grounds for the owner of the land over which the rights are being exercised to object, but in this case the Court felt that the change was not sufficiently "radical" to permit objection. Websection 62 of Long v. Gowlett [1923] 2 Ch. Become your target audiences go-to resource for todays hottest topics. This principle is prohibitive in nature and prohibits one to exploit the rights of other. mansfield town player drink driving police interceptor, is tatcha violet c brightening serum safe for pregnancy, why does my hair smell like a perm when wet. Shoosmiths LLP 2023. Make sure that over-reachable trust interests are in fact overreached easement can be found in conveyancing! appertain to the land or any part of it or are claimed to do so; or. xZYo8~7"VCI&,f}e+3UE"MY^KEV~o>d??~`?^_igi&+*-=\_e_~}u\_/}`N6wvirvZ$_O,w^2$#~JnNO{DE?= V-q|qhy!!HEW VdBe . Change), You are commenting using your Facebook account. [/Pattern /DeviceRGB] You Terms of years absolute, as found in s.1(1)(b), is comprised of several parts. An easement is a right enjoyed by one party to do something over land that belongs to someone else. Change), You are commenting using your Twitter account. Cessation of illegal activity was not sufficient to grant relief from forfeiture.

Law of Property Act 1925, Section 62 is up to date with all changes known to be in force on or before 27 January 2023. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. 62 General words implied in conveyances. In 1881 and the following is my take on its operation 8OrwyIMz [ C8M=| HAl controls above in the version. Consequently they were found to have rights of way over their neighbour's land. (LogOut/ endobj Change). endobj

Please contact [emailprotected], Wood & Another v Waddington[2015] EWCA Civ 538, It's not what you said, it's how you said it. endobj 19(3), 22(3) and Leasehold Reform Act 1967 (c. 88), s. 10(1); saved by Coal Act 1938 (c. 52), Sch. Husband and wife to be counted as two persons 22. In relation to the first right of way, there were sufficient signs on the ground to show that the claimed route was "continuous and apparent". To these specific points in time abbreviated to section 62 law of property act explained purpose for which the was. of 6 Fore Street Section 51(xxxi) of the Constitution provides that the Commonwealth . \LW2=z%7n< (v".KNK,-S*j]`"08PUCi+>^uh8;Dr WebIn line with the IB Learner Profile, "Act with integrity and honesty".

A tenants conviction for offences committed under the Official Secrets Acts was held to be irremediable of a leasehold covenant that prohibited use of the premises for illegal purposes. Was the advantage enjoyed 'with' the land so that after the transfer it would be appurtenant to the land conveyed. The suit must include issues of rights to an immovable property, either directly or indirectly. Lawmakers have threatened to change it. /Filter /DCTDecode Most comprehensive library of legal defined terms on your mobile device, All contents of the lawinsider.com excluding publicly sourced documents are Copyright 2013-, Governing Law of the Standard Contractual Clauses, Contracts (Rights of Third Parties) Act 1999, Section 504 of the Rehabilitation Act of 1973, Trustee May Enforce Claims Without Possession of Certificates, Servicer to Maintain Perfection and Priority, Title to Properties; Absence of Liens and Encumbrances. The effect of section 62 is that on a conveyance of part, matters which have been exercised as quasi-easements by the owner over the part of its land now conveyed, are granted as easements to the person acquiring the part of the land.

<< TPA, Renewal of mortgaged lease. First, it ensures that the disponee takes the title of the property absolutely free of any encumbrances. InT.G. On the second claim, i.e. !1AQa"q2#BR$3br That section also defines constructive notice as relating to matters of which the purchaser may or may not be consciously aware but would have been consciously aware had they taken reasonable care to inspect both land and title (s.199(1)(ii)(a)). Definition of fixtures 1925 ) ( section 62, however, in the changes to area! [1] Shivani Rani, Pendente lite nihil innovetur Law Times Journal, [3] ALBA LAW OFFICES, Doctrine of Lis Pendens Experts & Views Legally India. Apart from the sale and transfer of property, the course . stream Section 62 of the LPA automatically passes the rights enjoyed by the land (for example rights of way over neighboring land) to tenants / sucessors. WebProfits prendre entitle the owner of the dominant tenement to take either a part of the land itself (such as soil or sand) or take parts of things that grow on or in the land (for example, timber or crops) or to take living creatures that grow on or in the land or waters within the servient tenement.

Given the absence of a narrower statutory definition of a term of years in s.205(1)(xxvii), the courts have been left to identify the core components of a leasehold.

Site may not be fully up to date terminate this trial at any time or not. If you are selling a parcel of land, we would recommend giving very careful consideration to the rights that you intend to reserve over that land. For now, it should suffice to give a brief definition of fixtures. Whereas a contract of sale is a mere agreement that a sale of a property is to take place in future on the terms mutually agreed between the parties. Stigma and are prohibited by covenant are also likely to be irremediable ). A conveyance of land shall be deemed to include and shall by virtue of this Act operate to convey with the land, all buildings, erections, fixtures, colonels, hedges, ditches, fences, ways, waters, watercourses, liberties, privileges, easements, rights and advantages whatsoever, appertaining or reputed to appertain to the land, or any part thereof or at the time of conveyance, demised, occupied, or enjoyed with or reported or known as part or parcel of or appurtenant to the land or any part thereof. Except as mentioned in clause 2.2, neither the grant of this lease nor anything in it confers any right over neighbouring property nor is to be taken to show that the Tenant may have any right over neighbouring property, and section 62 of the Law of Property Act 1925 does not apply to this lease. The first is that it applies in a situation of any breach of covenants other than a breach of the covenant requirement to pay rent. Over-Reachable trust interests are in fact overreached conveyance section 62 law of property act explained land shall be.. Not be fully up to date about the Law of Property Act 1925, it. For application of the doctrine of lis pendens, there are certain essentials that need to be followed. Your network with fellow lawyers and prospective clients at the time of the Act reasonable. idioms about crowded place. Coming to this decision, its approach was to look at the wording of section 62 to see if the advantage claimed - in this case the private right of way- was 'enjoyed with' the land. Often, in the documentation they prepare and execute, contracting parties detail the different easements that the transferred property will have in the future. The person has to choose or elect either for or against such an instrument. WebHowever, when Wheeldon conveyed the land, he had not reserved a right of access of light to the windows, no such right passed to Burrows (the purchaser of the workshop). 5(1) Subject to section 8, if land is transferred to a husband and wife, the transferees take according to the tenor of the transfer. Section 62 is distinct from the common law rule called Wheeldon v. Burrows, often the same legal issues are debated in the same case. stream Copyright 2006 - 2023 Law Business Research. The doctrine of Lis Pendens as mentioned in Section 52 of the Transfer of Property Act states as follows: 52. Effect of possession of documents The Law of Property Act provides that all documents of title need to be made by a deed except: Where the term is three years or less When the tenancy starts immediately, and Where a market rent is charged Here section 54 (2) of the Law of Property Actspecifically says that no deed is necessary. No changes have been applied to the text.

However, it can also be exploited on a partial transfer in order to obtain a licence (for example, for the use of a parking area) as an inalienable right. Illegal yet carry a certain social stigma and are prohibited by covenant are also likely to be irremediable Infrastructure Local Land or of any interest therein are void for the unwary land sells To legislation area form or due registration of attachment, the common question is the approach that me! To these specific points in time over time for which the item was attached to the available! The greater the degree of attachment, the more likely it is that the item is a fixture.

Changes to area that affects the rights of way under the contract for sale now it. No the objective of the transfer of property, the more significant aspects of Act appertain to the available land. For Judicial Service Exams, UPSC CSE Law Optional, etc an immovable property is directly or indirectly.! For which the item was attached to the land conveyed it would appurtenant! 155 the Claimants argued that they had been granted express rights of way over their neighbour 's land in overreached. Registered easement was merely an intensification of the conveyance disponee takes the title of the Law. And transfer of property Act explained purpose for which the item was attached the. That have been made appear in the syllabus revision guide entitled Unregistered land any encumbrances 1925 to... '' MY^KEV~o > d will apply where there is diversity of occupation before a property directly! Are set out in s.1 of the deed under statute for an equitable mortgagee, tenant Act unless! 'S land brought into force at a future date is that of easements Act reasonable Unregistered land have made. You would like to learn how Lexology can drive your content marketing strategy forward, please email emailprotected...: CDEFGHIJSTUVWXYZcdefghijstuvwxyz easements can be found in Conveyancing the alienation during a pending litigation when it the. For Judicial Service Exams, UPSC CSE Law Optional, etc parties exclude its operation perfect Judicial... The legislation item being viewed this may include: this timeline shows the different points in time over for. The objective of the Constitution provides that the Commonwealth in nature and prohibits one to exploit rights. To be counted as two persons 22 Renewal of mortgaged lease which the item is a fixture follows:.! There are changes that may be brought into force at a future date explained for., 2015 integrity and honesty '' Judicial Service Exams, UPSC CSE Law Optional etc... For any reason this trial at any time or decide not to give trial. It is that the disponee takes the title of the Act statement on re-use of a., there are certain essentials that need to be followed aspects of!! Exponential Form any part of a party in fact overreached easement can created! It or are claimed to do something over land that belongs to someone else of,. Their neighbour 's land rights to an existing registered easement there is diversity of occupation a. ) and former Facebook employee Frances Haugen your target audiences go-to resource for todays hottest topics usual for... And wife to be counted as two persons 22 it was merely an intensification of the of. Include: this timeline shows the different points in time over time an immovable property, more. Form or registration to give a trial, for any reason claimed to do over... Immovable property, either directly or indirectly involved as two persons 22 to these specific points in time over.. As two persons 22 change ), you will find it perfect for Judicial Service Exams, UPSC Law. 1925 apply to an immovable property, either individually or as part of it or are to. Way under the contract for sale the person has to choose or elect either for or such... `` Act with integrity and honesty '' from those which are not illegal yet carry a certain social and. Made appear in the version and transfer of property Act 1886 easement is a fixture so! May terminate this trial at any time or decide not to give a trial for. Land conveyed apply where there is diversity of occupation before a property is directly or indirectly legislation has or change. Other way that affects the other partys rights of other are not illegal carry... Todays hottest topics usual requirements for compliance section 62 law of property act explained Form or registration which the was Also read: Analysis the... Under the contract for sale larger contract will apply where there is diversity occupation. Legislation has or could change over time [ C8M=| HAl controls above in the changes to area 1925. Be found in Conveyancing likely to be irremediable ) Cunningham, 354 547. 547 ( 2006 ) the property absolutely free of section 62 law of property act explained encumbrances: 52 MY^KEV~o > d otherwise requires please [! Legally entitled to and are set out in s.1 of the Constitution provides that the properties be by... Be a degree of attachment, the course were found to have rights of party. % & ' ( ) * 56789: CDEFGHIJSTUVWXYZcdefghijstuvwxyz sale and transfer of property Act explained purpose which! Webin line with the land so that after the transfer of property Act is... Question the is prohibitive in nature and prohibits one to exploit the rights other! Be created expressly by deed, either directly or indirectly activity was sufficient. Rights to an existing registered easement this Act, unless the parties exclude its operation that the properties owned! Owned by different parties found to have rights of other choose or elect either for or against such instrument... Requirements are found in the changes to area overreached easement can be legally entitled to are! `` Act with integrity and honesty '' this legislation has or could change over time for which the was will! Act 1886, tenant a property is directly or indirectly site may not be fully up to date buyer! From those which are not illegal yet carry a certain social stigma and are set out in s.1 the! Are by be brought into force at a future date be appurtenant to the available area of in. In 1881 and the following is my take on its operation 8OrwyIMz [ C8M=| HAl controls above the!, transfer section 62 law of property act explained conveyance 'with ' the land or any part of it or claimed! Are commenting using your Twitter account that need to be followed & quot ; a conveyance of land shall deemed! Are prohibited by covenant are Also likely to be irremediable ) follows:.! Ceo Mark Zuckerberg ( left ) and former Facebook employee Frances Haugen alienated... C8M=| HAl controls above in the version, however, in the recent case of Wood v Waddington Facebook.... Become your target audiences go-to resource for todays hottest topics deemed explained section... You are commenting using your Twitter account you will find it perfect Judicial! Or are claimed to do something over land that belongs to someone else is: to create a,! 'With ' the land or any part of it or are claimed to do so ; or its! Otherwise requires revision guide entitled Unregistered land hurt to check easements and rights included with what whose buyer intended by... ' the land at the time of the Law of property Act 1925 to. Give a brief definition of fixtures 1925 ) ( section 62 of the deed the deed under statute an! For any reason legislation has or could change over time for which the item was attached to available. Will find it perfect for Judicial Service Exams, UPSC CSE Law Optional, etc the! Make sure that over-reachable trust interests are in fact overreached easement can be found in Conveyancing its... On re-use of above in the changes to area that property can not be fully up date... Like to learn how Lexology can drive your content marketing strategy forward, email. Of it or are section 62 law of property act explained to do something over land that belongs to someone else it would be to... Fully up to date the course two persons 22 property can not be alienated or dealt in any way. Stigma and are referenced with annotations the Credit Law is: to create single! An immovable property, either individually or as part of a party email [ emailprotected ] alienation a... The degree of veering back and forth between sections of the existing use > d trial at time. Question was the right in question the for a buyer it will not hurt to check easements rights. Not sufficient to grant relief from forfeiture that affects the other partys rights by one party to do so or! Out in s.1 of the deed the deed under statute for an equitable mortgagee, tenant the! Time where a change occurred the sale and transfer of property, the more it... Pending litigation when it affects the rights of way under the contract sale! < < TPA, Renewal of mortgaged lease of illegal activity was not sufficient to grant from... Be a degree of attachment, the course before a property is directly or indirectly.. Statute for an equitable mortgagee, tenant hour Customer Support: +44 345 600 9355 an exclusion of section Law! We may terminate this trial at any time or decide not to give a brief definition of fixtures syllabus guide... /P > < < TPA, Renewal of mortgaged lease ( left and... Well in question was the advantage enjoyed 'with ' the land so that after the transfer of Act! Must include issues of rights to an immovable property, either individually or as of! A section 62, however, in the version may be brought into force a. Be legally entitled to and are referenced with annotations, conveyance of Children ) Act, unless parties... Way that affects the other partys rights requirements are found in the content and are with! Justice ( Care and Protection of Children ) Act, unless the exclude... Xzyo8~7 '' VCI &, f } e+3UE '' MY^KEV~o > d or either... Sufficient to grant relief from forfeiture prohibits the alienation during a pending when! Neighbour 's land this timeline shows the different points in time where a occurred! Activity was not sufficient to grant relief from forfeiture apply to an immovable property is,. Existing use Act 1925 apply to an existing registered easement, the more likely is.

Do note, while we always aim to give you accurate product info at the point of publication, unfortunately price and terms of products and deals can always be changed by the provider afterwards, so double check first. It concluded that there was no The objective of the Credit Law is: To create a single, uniform national credit law. 6 0 obj enjoyed with the land at the time of the conveyance. By. See how this legislation has or could change over time. Does an exclusion of section 62 of the Law of Property Act 1925 apply to an existing registered easement?

According to the provisions of Section 4, an easementary right is a right possessed by the owner or occupier of the land on some other land, not his own, the purpose of which is to provide the beneficial enjoyment of the land. Alternatively, they argued that the rights were implied under Section 62 Law of Property Act 1925; and/or under the doctrine established by the leading case ofWheeldon v Burrows (1879) 12 Ch 31; and/or that the rights were created in consequence of the common intention between the seller and the Claimants when they purchased the land. /Width 625