Batchelor v Marlow, 28 June, 2001 (Court of Appeal).

The Court of Appeal has overturned the High Court decision (11 May, 2000) and held that on the facts of the case, the right to park vehicles on the adjoining land could not be an easement because it was too extensive and effectively excluded the adjoining landowner from being able to use the land.

The right to park the vehicles had been acquired by prescription. In the High Court, the judge had been satisfied that giving the defendants the right to park six vehicles on the land during normal business hours, Monday to Friday, could be an easement as it did not deprive the owner of the land in question of the ability to continue using that land.

The Court of Appeal considered that the implications of that decision for the landowner had not been adequately considered.