Cases - Copeland v Greenhalf

Record details

Name

Copeland v Greenhalf

Date

[1952]

Citation

1 TLR 786

Legislation

Land Registration Act 2002

Keywords

Easements

Summary

For a period of 50 years father and then son had used a strip of land separating a village and an orchard for the purpose of storing vehicles awaiting repair or collection, and for repairing vehicles. They always left an adequate access route to and from the orchard some 10 feet wide. Upjohn J found that this use amounted to a claim to possession of the servient tenement, either to the exclusion of the owner, or jointly with the owner. Consequently the right was too wide and undefined to constitute an easement (and should have been put as a claim to adverse possession).