Section 62 of the Law of Property Act 1925

Section 62 of the Law of Property Act 1925 is law that applies to property in England and Wales that automatically transfers certain rights, easements, and benefits tied to land when it is sold or rented out. 

Put simply rights falling under section 62 are attached to the land, and not to the person, and so a sale or transfer does not impact these rights at all.

These rights include access to shared paths, drainage systems, or utilities, even if they are not clearly stated in the deed. Commonly referred to as a “word-saving” provision, it helps make property transactions easier by ensuring that any existing benefits linked to the land go to the new owner unless specifically left out. 

However, this can sometimes lead to disagreements and our property litigation team frequently deal with issues such as easements and rights of way disputes including so that access can be obtained relying on historic rights attached to the land.