Epps v Esso Petroleum [1973] 2 All ER 465

Key point

  • Parking on an undefined piece of land did not amount to actual occupation

Facts

  • C had an equitable title to a strip of land adjoining his house, but which appeared to be part of the adjoining garage premises
  • C and his predecessor used the strip for car parking
  • C claimed that he had an overriding interest of an equitable easement to park on the strip against the owner (D)

Issue

  • Whether C’s parking amounted to actual occupation

Held (High Court)

  • Parking did not amount to actual occupation

Templeman J

  • Even if C regularly parked his car on the disputed strip I do not consider that this constituted actual occupation
  • Parking of a car on a large strip does not actually occupy the whole or a substantial or any defined part of the whole or any defined time
  • The parking of a car on an unidentified piece of land is not an assertion of actual occupation of anything