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Hill v Tupper

[1863] 2 H & C 121

Case summary last updated at 08/01/2020 15:51 by the Oxbridge Notes in-house law team.

Judgement for the case 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.

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