Easement - D granted lease B - B allowed access to D - D sold to R & stopped B - B blocked R access

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Problem Question:
In December 2019 David needed to raise money to help pay for the upkeep of his town house. He therefore granted Ben, a local plumber, a three-year lease of the flat in the basement of his house. The flat had its own entrance down steps situated at the rear of the town house and benefited from a small courtyard.

On most mornings after Ben moved into the flat, he was amused to see David using the courtyard belonging to the flat to practice martial arts. He did not mind. Ben also did not object when, every few weeks, David entered the courtyard to check and clean otherwise inaccessible parts of the town house’s roof guttering.

In March 2020 David gave up driving. He sold his van to Ben. David told Ben
that he was welcome to continue parking the van in the same space in front of the house where he (David) had usually parked it. Ben needed to carry his plumbing tools back and forth from the van and the flat. Ben gratefully accepted David’s invitation to use the shorter route through the front door of the house and down an internal staircase to reach the flat.

In December 2022 David granted Ben a new three-year lease of the basement flat with identical terms. Last month when David decided to move into a care home, he sold the freehold of the house to his martial arts instructor, Rhys.

Rhys has since told Ben to stop using the front door and internal staircase in the town house and remove his van from the parking space at the front of the house so that he can park his own car there. Furious, Ben blocked access to the courtyard so that Rhys cannot use it to practice martial arts or to clear the roof’s guttering. Advise Ben.

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