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  • Created by: Rebeka188
  • Created on: 16-04-16 18:23
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    • OUSTER PRINCIPLE:  They cannot bar the servient tenement owner from possession and control of his  land. 
  • new test:         what the dominant tenement owner can do, in terms of whether it is a clearly defined right of parking, or vaguely claimed rights which may amount to sharing of possession similar to that in Copeland v Greenhalf.
  • first instance judge:
    • right to “store” vehicles waiting repairs, sometimes for many months without being moved, on certain part of the servient land, would amount to the exclusion of servient tenement owner 15 and could not be an easemen 
      • “parking” of roadworthy vehicles on a daily basis by owners, employees and customers of the garage on another part of the servient land was acceptable 


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