Copeland v Greenhalf [1952] Ch 488

Court of Appeal

Basic Facts: C owned an orchard and an adjoining house with access to the orchard via a strip of land. D, a wheelwright, left vehicles on this strip. C sought to prevent D from doing so.

Issue for the Court: When is an easement capable of being granted?

Held: The court held that an easement cannot amount to ownership of land; a claim for an excessive right may amount to a claim for possession, not merely an easement.

Upjohn J

• An easement for storage is generally valid but cannot be too broad or indeterminate.

• A right that effectively claims joint user of land or possession of the servient tenement cannot qualify as an easement.

• Such a right might be created by covenant but not as an easement due to its undefined and excessive nature.