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Kettel v Bloomfold [2012]

Facts

  • The claimant flat-owner had the benefit of an easement allowing cars to be parked on servient land, filling its area

Issue

  • Could an injunction be obtained to prevent the servient landowner from building on the servient land; was the easement valid?

Decision

  • Easement valid, injunction granted

Reasoning

  • As when not in use, the parking spaces could be driven owner, the servient land could be used for other purposes, rendering the easement not a claim to exclusive possession
  • The landlord and servient land owner could not unilaterally extinguish the easement
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