Moncrieff v Jamieson [2007]

Facts

  • An easement (right of way) was granted over servient land to access other (dominant land), which was relatively difficult to access
  • The easement permitted vehicles to use the right of way to load and unload goods and persons

Issue

  • Given the difficulty in accessing the dominant land, did the easement permit parking vehicles on the right of way too?

Decision

  • Yes

Reasoning

  • Where ancillary rights to easements are necessary for the reasonable enjoyment of land, and may have been in contemplation when the easement was granted (1973), they may be held to exist
  • Even where an area of land is fully occupied as a result of an easement, ancillary rights negate a claim to exclusive possession. The servient owner may still erect sign posts, access his land and dig below it, for example
  • This case criticised, but did not overrule, Batchelor v Marlow [2001]
RELATED CASE  Re Ellenborough Park [1956]

Posted in Land Law Revision Notes.

This page was last updated on 26th April 2015

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