For 50 years defendant wheelwright and his father
before him had used strip of plaintiff’s land for storage and repair of
vehicles.
before him had used strip of plaintiff’s land for storage and repair of
vehicles.
Defendant claimed prescriptive right to do so.
Chancery Division held defendant had no easement to
store and repair an unlimited number of vehicles on the strip of land.
store and repair an unlimited number of vehicles on the strip of land.
Upjohn J –
‘Practically the defendant is claiming the whole
beneficial user of the strip of land … In my judgment, that is not a claim
which can be established as an easement’
beneficial user of the strip of land … In my judgment, that is not a claim
which can be established as an easement’
