Borman v Griffiths [1930] 1 Ch 493

• 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). 

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