Copeland v Greenhalf [1952] Ch 488

Facts

  • C was a wagon repairer and vehicles were parked for repairs on a strip of land belonging to another
  • A claim was made for an easement to park vehicles for an indefinite period of time upon an undefined part of a strip of land

Held (High Court)

  • The claim was rejected – an easement did not apply

Upjohn J

  • The right amounted to the whole beneficial use of the land, it is virtually a claim to possession and no authority would justify the conclusion that a right so wide and undefined can be an easement
  • The claim can only succeed by long adverse possession

Commentary

  • Upjohn J’s strict application of the ouster principle was later rejected by Lord Scott in Montcrieff v Jamieson