Grigsby v Melville [1973] 1 All ER 385
Country:
United Kingdom
Reviewed By Oxbridge Law Team
Updated 2024-01-04 07:01:40 UTC
Defendant was granted a cottage with a right that purported to be an easement allowing him to use Plaintiff’s cellar for storage.
Plaintiff sought an injunction to stop Defendant entering her land and using her cellar.
The court held that Defendant’s claim of easement of storage amounted virtually to an exclusive right of user so extensive as to be incapable of constituting an easement in law.
Brightman J
Copeland established that a claim amounting to an exclusive right of user was too extensive to be covered by easement.
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