(d) the right over the land must be capable of forming the subject matter of the grant - Three further conditions to determine this - Does the right amount to possession?

4 important questions on (d) the right over the land must be capable of forming the subject matter of the grant - Three further conditions to determine this - Does the right amount to possession?

Explain why the right was not considered an easement but possession in (Copeland v Greenhalf)?

The defendant used part of the claimant's land to store customers' vehicles. The court held that as there was no limit on the number of vehicles and the length of time for which the vehicles could be stored, the claimant owner was effectively excluded. The right was not an easement and therefore possession.

Explain how the right to park was a valid easement in (London & Blenheim Estates Ltd v Ladbroke Retail Parks Ltd)

This is an essential question of degree. The right is not an easement if the servient owner is left without reasonable use of his land.

Explain why the right to park was an invalid easement in (Bachelor v Marlow)?

The right to park six cars for nine and half hours every day deprived the servient owner of any reasonable use of his land. Therefore, the right is too extensive to amount to an easement.
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Explain how (Moncrieff v Jamieson) rejected the test of 'reasonable use' (Bachelor)?

Lord Scott argued that the servient owner could build above or under the parking area. The focus should be on whether the servient owner restains possessions and control rather than exclusive occupation.

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