The Law of Property Act 1925 is a cornerstone of modern property law in England and Wales. Among its many provisions, Section 62 plays a particularly significant role, especially in the creation and transfer of property rights. Despite being nearly a century old, it remains highly relevant today, influencing everyday transactions and disputes concerning land and property.
At Blackstone Solicitors, we assist clients across England and Wales in navigating the complexities of property law, including issues arising from Section 62. This article explores what Section 62 is, how it operates, and why it matters in property transactions and disputes.
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What Is Section 62 of the Law of Property Act 1925?
Section 62 is often referred to as a “word-saving” provision. Its main purpose is to simplify property conveyancing by ensuring that when land is conveyed, all rights, privileges, and easements connected with that land automatically pass to the new owner, unless specifically excluded.
In effect, Section 62 states that a conveyance of land will, by default, include:
- All buildings, fixtures, and structures on the land.
- Rights, privileges, and easements attached to the land.
- Benefits that are used or enjoyed with the land, such as rights of way, rights of light, or access to services.
This means that a wide range of rights can transfer automatically without the need for detailed wording in the conveyance deed.
Key Functions of Section 62
- Automatic Transfer of Rights
When a property is conveyed, any rights or benefits enjoyed by that property automatically transfer to the new owner, unless expressly excluded.
- Grant of New Rights
Section 62 can also operate to elevate certain permissions into legal rights. For example, if a property owner informally allows a neighbour to use a path across their land, upon sale of the neighbour’s property, that use may crystallise into a permanent right of way.
- Simplification of Conveyancing
By including a broad sweep of rights and privileges, Section 62 reduces the need for lengthy lists of rights in conveyance documents.
Examples of How Section 62 Applies
- Rights of Way: If a property benefits from a path or track used to access it, Section 62 may ensure that the right to use it passes to the new owner.
- Rights of Light: The benefit of natural light through windows may be preserved under Section 62.
- Use of Facilities: Shared use of drains, water supplies, or storage areas can also be protected.
- Informal Permissions: Regular use of another’s land (such as a shortcut or access route) can, through Section 62, become a formalised right on conveyance.
Judicial Interpretation of Section 62
Over time, the courts have shaped how Section 62 operates. Some key principles include:
“Continuous and Apparent” Rights
For Section 62 to convert a licence (permission) into an easement (legal right), the right often needs to be “continuous and apparent”. This typically means that it must be visible and regularly exercised.
Use at the Time of Conveyance
The right or benefit must normally be in use at the time of conveyance. Sporadic or occasional use is less likely to be upheld.
Necessity of a Conveyance
Section 62 operates upon a conveyance of land. A simple licence without a conveyance does not usually create new rights.
Common Issues Arising from Section 62
While Section 62 provides certainty and convenience, it can also lead to disputes and unintended consequences.
Creation of Unintended Easements
Property owners may find that informal arrangements, such as allowing a neighbour to park on their land, have become enforceable rights following a conveyance.
Boundary and Access Disputes
Section 62 can fuel disagreements between neighbours where rights of access or use are unclear or contested.
Drafting Oversights
Failure to expressly exclude certain rights in conveyance documents may result in their automatic transfer under Section 62, even where the parties did not intend this.
How to Exclude Section 62
Because Section 62 applies automatically, parties sometimes wish to exclude its effect. This is usually done through careful drafting in the conveyance or transfer deed, making clear that certain rights, privileges, or easements are not included.
Solicitors play a vital role in ensuring that deeds accurately reflect the intentions of the parties and avoid inadvertently granting or transferring unwanted rights.
Why Section 62 Matters Today
Despite being almost 100 years old, Section 62 continues to have real-world consequences:
- Residential Conveyancing: Everyday property sales may trigger the transfer of rights under Section 62, affecting homeowners’ use and enjoyment of their property.
- Commercial Property: Businesses often rely on easements for access, utilities, and shared facilities. Section 62 can significantly affect the value and utility of commercial land.
- Property Disputes: Neighbour disputes over access, parking, or shared facilities often involve arguments over whether Section 62 has created or transferred rights.
The Role of a Solicitor in Section 62 Matters
Solicitors are essential in ensuring that Section 62 is applied correctly and fairly. Their role includes:
- Reviewing Title Documents: Identifying existing easements, licences, and rights that may transfer.
- Advising Clients: Explaining how Section 62 could affect the transaction.
- Drafting Contracts and Deeds: Excluding Section 62 where necessary to prevent unintended consequences.
- Resolving Disputes: Acting in disputes where Section 62 has created or transferred rights unexpectedly.
- Protecting Interests: Ensuring clients retain or acquire the rights necessary for full enjoyment of their property.
Practical Examples for Clients
- A homeowner sells their property but forgets to exclude a neighbour’s informal right to park. Section 62 may allow the neighbour to enforce parking rights against the new owner.
- A business buys a warehouse that has enjoyed informal access across neighbouring land. Section 62 may formalise that access, making it legally enforceable.
- A dispute arises where a right of way is claimed under Section 62, and the other party argues it was only ever granted as a temporary licence.
How Blackstone Solicitors Can Help
At Blackstone Solicitors, we provide clear, practical advice on all aspects of property law, including the operation of Section 62. We assist clients with:
- Conveyancing transactions involving potential easements and rights.
- Drafting and reviewing deeds to ensure clarity and certainty.
- Excluding unwanted rights under Section 62 where necessary.
- Resolving disputes between property owners.
- Advising businesses on the implications of Section 62 for commercial land.
Our team combines technical expertise with a pragmatic approach, ensuring clients across England and Wales achieve certainty and protection in their property dealings.
Conclusion
Section 62 of the Law of Property Act 1925 remains a powerful and sometimes surprising provision in English property law. By automatically transferring rights and privileges with land, it simplifies conveyancing but can also create unexpected easements and disputes.
Whether you are buying, selling, or disputing property, understanding Section 62 is crucial. With the guidance of experienced solicitors such as Blackstone Solicitors, you can ensure that your rights are protected, your intentions are properly reflected in legal documents, and any disputes are resolved effectively.
We have a proven track-record of helping clients buy or sell a residential property. We are a multidisciplinary firm and have all the expertise inhouse to satisfy the most exacting requirements of our clients. We will guide you through all the necessary legal due diligence in a comprehensive and timely manner. We firmly believe that with the right solicitors by your side, the entire process will seem more manageable and far less daunting.
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How to Contact Our Residential Property Solicitors
It is important for you to be well informed about the issues and possible implications of buying or selling a residential property. However, expert legal support is crucial in terms of ensuring a positive outcome to your purchase.
To speak to a member of our New Enquiries Team today, simply call us on 0345 901 0445, or click here to make a free enquiry. We are well known across the country and can assist wherever you are based. We also have offices based in Cheshire and London.
Disclaimer: This article provides general information only and does not constitute legal advice on any individual circumstances.
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