For diversity of Occupation think Wright v MacAdams, in that case the tenant askede the landlord to store things in a coal shed, the landload said yes. Subsequently when the tenant reupped his lease the coal shed use was included, because it wasn't expressly excluded in the new lease. Therefore a proprietary interest coupled with an interest which could previously be looked at as a licence, when viewed together unless expressly frbidden can serve to start an implied easement under s. 62 LPA 1925.
For this to occur 2 criteria :
prior diversity which we now have as tenant had the right
conveyance (which we have obtained through the leasehold renewal
(Original post by Aturmercy)
Now Sec 62 requires Diversity of Occupation and WvB doesn't. Can anyone tell me before when should there be Diversity of Occupation?
Say for example, A is the owner who sold to B who later sold to C
Should there be Diversity of Occupation before the right was given to B or C? or should it be before the land was given to B or C
s62 and Wheeldon are both mechanisms for implying a grant of an easement into a conveyance. So first identify the conveyance into which the grant might be implied. Then look at diversity or unity of occupation immediately before that conveyance.