Lastly, the suggestion for reform of Section 62 LPA is a step towards phasing out the influence of archaic law which was drafted and implemented in a different social and historical context.
STEP 1: Introduction: Begin by defining an easement and stating that the issue is whether the easements are enforceable. For this reason, the Commission have fulfilled their aim in this sense, though this is only one difficulty among many. Early use was proved but it was held that the fee of 13 shillings could not have been so high in and therefore the right could not have existed since time immemorial.
Eighth paragraph An example of the ouster principle in use can be seen in the case of Copeland, in which the use of a narrow strip of land ousted the servient tenement from reasonable use and enjoyment of the land, therefore the right could not be classified as an easement.
For example: Swan v Sinclair A right of way left unused for 50 years, during which time it had become blocked by fences, was held to be abandoned. The case of Reily v Booth explains that a right which is permanent and substantial may not be an easement.
Section 62 has an intriguing property in that is to be able to create new easements. This clearly illustrates that this area of law has become unmanaged.