Metropolitan Railway Co v Fowler: CA 1892

Lord Esher MR said: ‘An easement is some right which a person has over land which is not his own; but, if the land is his own, if he has an interest in it, then his right is not an easement. You cannot have an easement over your own land..’

Judges:

Lord Esher MR

Citations:

[1892] 1 QB 165

Jurisdiction:

England and Wales

Cited by:

CitedThompson v Bee and Another CA 20-Nov-2009
The parties disputed the extent and nature of the use allowed for an unregistered but express right of way. The track had been obtained by use for agriculture. The dominant owner appealed against a finding that it was limited to agricultural use, . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 18 June 2022; Ref: scu.381284