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Grigsby v Melville

[1973] 1 All ER 385

Case summary last updated at 08/01/2020 16:00 by the Oxbridge Notes in-house law team.

Judgement for the case Grigsby v Melville

D was granted a cottage with a right that purported to be an easement allowing him to use P’s cellar for storage. P sought an injunction to stop D entering her land and using her cellar. The court held that D’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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