Montcrieff v Jamieson [2007] 1 WLR 2620

Written By Nicolas Heyes

House of Lords

Basic Facts: Not specifically relevant; general principles on easements.

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

Held: The court held that the right to park on land could be ancillary to an easement of access, reinforcing the flexibility of easements.

  • Lord Scott of Foscote and others held that an easement involves some restriction on the servient land but must not amount to exclusive possession. Easements are valid if they allow reasonable use of the servient land without exclusive possession.

Nicolas Heyes
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