Rights of parking and the ouster principle after Batchelor v Marlow
Hill-Smith, Alexander
Rights of parking and the ouster principle after Batchelor v Marlow - 2007 - Conveyancer and Property Lawyer May-June 2007, 223-234(12) .
This article is concerned with when and under what circumstances an easement of parking will be legally recognised. Difficult questions arise in relation to the easement of parking because of the application of the ouster principle. In simple terms, the ouster principle says that an easement cannot arise where the effect of the purported easement is such as to exclude the beneficial owner from all reasonable use of his or her land that is subject to the easement. Looks critically at the principle authorities on the ouster principle, and considers how this principle has been applied in the context of easements of parking, with reference to "Batchelor v Marlow" ([2001] EWCA Civ 1051), X115650) and other case law. [Taken from journal abstract].
BATCHELOR V MARLOW
ATTORNEY GENERAL OF SOUTHERN NIGERIA V JOHN HOLT AND CO (LIVERPOOL) LTD
WRIGHT V MACADAM
COPELAND V GREENHALF
RE ELLENBOROUGH PARK
LONDON AND BLENHEIM ESTATES V LADBROKE RETAIL PARKS LTD
MILLER V EMCER PRODUCTS LTD
JACKSON V MULVANEY
NEWMAN V JONES
SAEED V PLUSTRADE
MONTROSE COURT HOLDINGS V SHAMASH
DYCE V HAY
England and Wales--1543-
Rights of parking and the ouster principle after Batchelor v Marlow - 2007 - Conveyancer and Property Lawyer May-June 2007, 223-234(12) .
This article is concerned with when and under what circumstances an easement of parking will be legally recognised. Difficult questions arise in relation to the easement of parking because of the application of the ouster principle. In simple terms, the ouster principle says that an easement cannot arise where the effect of the purported easement is such as to exclude the beneficial owner from all reasonable use of his or her land that is subject to the easement. Looks critically at the principle authorities on the ouster principle, and considers how this principle has been applied in the context of easements of parking, with reference to "Batchelor v Marlow" ([2001] EWCA Civ 1051), X115650) and other case law. [Taken from journal abstract].
BATCHELOR V MARLOW
ATTORNEY GENERAL OF SOUTHERN NIGERIA V JOHN HOLT AND CO (LIVERPOOL) LTD
WRIGHT V MACADAM
COPELAND V GREENHALF
RE ELLENBOROUGH PARK
LONDON AND BLENHEIM ESTATES V LADBROKE RETAIL PARKS LTD
MILLER V EMCER PRODUCTS LTD
JACKSON V MULVANEY
NEWMAN V JONES
SAEED V PLUSTRADE
MONTROSE COURT HOLDINGS V SHAMASH
DYCE V HAY
England and Wales--1543-