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Batchelor v Marlow [2001]

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
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