James owned an estate with a mansion leased to Griffith. Running across the estate from the mansion to the main road was a properly made up private driveway. On that private driveway was a smaller house known as ‘The Gardens’. In 1923, James agreed to lease ‘The Gardens’ to Borman, a poultry farmer. This agreement said nothing about access to ‘The Gardens’. However, at the time of the agreement James was constructing an alternative access route to ‘The Gardens’. In wet weather this alternative route proved impassable for the lorries which served Borman’s business. The lorries therefore used the main driveway, despite opposition from Griffith. The court held that there was an easement under Wheeldon, NOT under s.62.
Maugham J: S.62 cannot apply because there was no conveyance (defined as being made formally by deed).