Right to exclusive use precludes easement
Greig, W
Right to exclusive use precludes easement - 2001 - CSM November/December 2001, 34(1) .
Discusses how two recent CA cases have clarified the law regarding the distinction between easements and excluse rights over property. In "Hanina v Morland" the defendant's claim that she was entitled to a prescriptive easement to use the roof of a three storey property failed. A similar conclusion was drawn in "Batchelor v Marlow" which concerned a right of way over an upadopted road. It was found that the respondents practice of parking cars did not constitute a valid easement.
EASEMENTS
PRESCRIPTIVE RIGHTS
HANINA V MORLAND
BATCHELOR V MARLOW
COPELAND V GREENHALF
Right to exclusive use precludes easement - 2001 - CSM November/December 2001, 34(1) .
Discusses how two recent CA cases have clarified the law regarding the distinction between easements and excluse rights over property. In "Hanina v Morland" the defendant's claim that she was entitled to a prescriptive easement to use the roof of a three storey property failed. A similar conclusion was drawn in "Batchelor v Marlow" which concerned a right of way over an upadopted road. It was found that the respondents practice of parking cars did not constitute a valid easement.
EASEMENTS
PRESCRIPTIVE RIGHTS
HANINA V MORLAND
BATCHELOR V MARLOW
COPELAND V GREENHALF