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Rights of parking and the ouster principle after Batchelor v Marlow

By: Language: English Series: Conveyancer and Property Lawyer ; May-June 2007, 223-234(12)Publication details: 2007Subject(s): Summary: 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].
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Item type Current library Call number Copy number Status Barcode
Journal article London Journal article L139840 (Browse shelf(Opens below)) 1 Available 139840-1001

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].