Leading Case: Batchelor v. Marlow Essay

Leading Case: Batchelor v. Marlow Essay

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Leading Case: Batchelor v. Marlow

Parking rights have existed by means of lease or licence for quite a long period of time. On the other hand, until quite recently, whether a right to park was recognisable in the form of an easement had been much more ambiguous. In this area of the law Batchelor v. Marlow [2003] is the leading case; it has been effectively used to clarify the subject. The case is known best for approving the test devised by Judge Paul Baker QC in the High Court case of London and Blenheim Estates Ltd v. Ladbroke Retail Parks Ltd [1993]. This test acknowledged that the right to park could exist an easement provided that it would not ‘leave the servient without any reasonable use of his land’. Having been approved in the Court of Appeal, the test remains binding on inferior courts despite certain criticisms concerning its efficacy in deciding whether an easement of parking should or should not be granted.

Ancillary Case: Kettel v. Bloomfold Ltd

Owing to Batchelor’s importance in the granting of easements, the test has been applied in a variety of recent cases. Kettel v. Bloomfold Ltd [2012] is a case in which the test played a major role in granting an easement over parking spaces designated for use by the lessees of flats owned by the defendant. HH Judge David Cooke found upon application of the test that such a right would not ‘leave the servient owner without reasonable use of his land’3; meaning that a right to park could indeed be established as an easement.
In terms of similarity between the two cases there are two clear points of correspondence. Most notably, during both proceedings it was accepted the fact that there are circumstances under which the right to park may exist as an easement. Kettel is ...

... middle of paper ...

ibid, para 3
ibid, para 5
Moncreiff v. Jamieson [2007] UKHL 42, [2007] 1 W.L.R. 2620
Caroline Shea, ‘Parking Rights: ‘Here To Stay? Consent May Be The Surprising Answer’ (03/12/2013), In-House Lawyer, (http://www.inhouselawyer.co.uk/index.php/real-estate/10384-parking-rights-here-to-stay-consent-might-be-the-surprising-answer-) - accessed 20/12/2013 para 8; (citing obiter comments by their Lordships in Moncreiff v. Jamieson [2007] UKHL 42, [2007] 1 W.L.R. 2620)
Caroline Shea, ‘Parking Rights: ‘Here To Stay? Consent May Be The Surprising Answer’ (03/12/2013), In-House Lawyer, (http://www.inhouselawyer.co.uk/index.php/real-estate/10384-parking-rights-here-to-stay-consent-might-be-the-surprising-answer-) - accessed 20/12/2013, para 10
ibid, para 14
ibid, para 15
ibid, para 17
Roger J. Smith, Property law: Cases and Materials, (7th edn, 2012, Pearson)

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