John owns land comprising two industrial units and some spare hardstanding. The land is registered, and in the property register there is an entry stating that the property has the benefit of a right of drainage over Simon’s land which neighbours to the rear. During his period of ownership, John has been in the habit of driving his van to and from the hardstanding area to the road adjoining his property.
John sells the part of the freehold land that comprises the hardstanding to Peter, who will be using it as a small café. Peter will be erecting a building, linking to the drainage, installing electricity and gas. He and his customers will need to drive over John’s land to get to the area sold to Peter as there is no other way to get to the land, In the deed of sale, John and Peter have made no mention of any right of way to the hardstanding.
John has leased the second industrial unit to Sarah who is running a vintage clothing market there. He has allowed her to place a sign advertising the business, next to the roadway on land not leased to Sarah. The lease has now expired, and John has granted another lease to Sarah by deed. There is no mention in the lease about the sign.
John also owns gym and exercise facilities in the next town, about three miles away. He suggests to Peter and Sarah that he will give them the rights to use the gym so long as they remain in occupation of the hardstanding and the industrial unit.
John wishes to remove Sarah’s sign.
Discuss whether
a) Peter has a right of way and a right of drainage to the hardstanding area by way of easement;
b) Sarah has an easement in respect of the placing of the sign; and c) Whether the rights to use the gym facilities to be granted by John will be recognised as an easement.