Hill v Tupper

  P owned an allotment of land on the side of a river ran his boat on the river which he was allowed to do by the council for his business. Court held that this was a licence and could not be an easement because the river was not used for “accommodating” the claimant’s land in the sense of helping to “facilitate a working of the very soil of the land”. Gardner: This demonstrates that the test is too narrow.