Facts
- Batchelor owned a car parking area, which was the servient land to an easement granting Marlow (the defendant) the right to park up to 6 cars on the land between 9:30 and 18:00 on weekdays
Issue
- Did this amount to a claim for exclusive possession as to be incapable of being an easement?
Decision
- Yes
Reasoning
- It is irrelevant what other land the servient owner owns; exclusive possession is to be judged on the are of land subject to the easement only
- Given that the claimant’s land could not be used during important periods, Batchelor was deprive of any reasonable use of the land
- The easement was not enforceable, the ownership was illusory
