This case illustrates the importance of considering the effects of section 62 of the Law of Property Act 1925 in relation to a sale of part, both from the point of view of the seller and that of the buyer. There was no express provision in the contract or transfer relating to the intention to modify or exclude the operation of section 62. It was for the seller to prove that the parties had not intended section 62 to operate, but the seller was unable to do this on the facts.

NOTE ADDED 30/07/2003: The Court of Appeal has upheld the decision. For more information, see Legal update, Section 62 easements and establishing contrary intention (Court of Appeal).