References: [1915] AC 599
Coram: Lord Shaw of Dunfermline
Ratio: The right to use servient land for the purpose of storage was claimed. It was argued that such a right could not exist as an easement.
Held: Lord Shaw of Dunfermline said: ‘there is nothing in the purposes for which the easement is claimed inconsistent in principle with a right of easement as such.’
This case is cited by:
- Cited – Moncrieff and Another v Jamieson and others HL (Bailii, [2007] UKHL 42, [2007] 1 WLR 2620)
The parties disputed whether a right of way over a road included an implied right for the dominant owner to park on the servient tenement.
Held: The appeal failed. ‘The question is whether the ancillary right is necessary for the comfortable . .
(This list may be incomplete)
Last Update: 30 December 2017
Ref: 260030
