Hill v Tupper

Hill v Tupper
Court	Exchequer Chamber
Citation(s)	(1863) 2 H & C 121
Keywords
Easements

Hill v Tupper (1863) 2 H & C 121 is an English land law case, concerning easements.

Facts

The Basingstoke Canal Co gave Mr Hill an exclusive contractual licence to hire boats out. Mr Tupper also hired boats out on the canal. Mr Hill wished to stop Mr Tupper from operating. He argued that it was an easement and therefore sought to enforce his right against Mr Tupper

Judgment

Pollock CB held that the contract did not create any legal property right, and so there was no duty on Mr Tupper. If Mr Hill wanted to stop Mr Tupper, it would have to force the Canal Company to assert its property right against Mr Tupper.

An easement would not be recognised.^[1] The benefit of an easement must be for the land. Here, the right to exclusive use of the canal was not for benefitting the land itself, but just for the business.

“

A new species of incorporeal hereditament cannot be created at the will and pleasure of the owner of property...

”

Bramwell B concurred.

Cases on easements

Aldred's Case (1610) 9 Co Rep 57

Hill v Tupper (1863) 2 H & C 121

Re Ellenborough Park [1956] Ch 131

London and Blenheim Ltd v Ladbroke Ltd [1993] 4 All ER 157

Phipps v Pears [1965] 1 QB 76

Moncrieff v Jamieson [2007] UKHL 42.

Das v Linden Mews Ltd [2002] EWCA Civ 590

LPA 1925 ss 1(2) 62 and 65(1)

Wheeldon v Burrows (1879) 12 Ch D 31

Wong v Beaumont Property Trust [1965] 1 BE 173

Pwllbach Colliery v Woodman [1915] AC 624

Kent v Kavanagh [2006] EWCA Civ 162

Green v Lord Somerleyton [2003] EWCA Civ 198

Hair v Gillman (2000) 80 P&CR 108

Prescription Act 1832 ss 2-3

Land Charges Act 1972 s 2(5)(d)(iii)

LRA 2002 s 27(2)(a) and Sch 3, para 3

Crow v Wood [1971] 1 QB 77

Crabb v Arun District Council [1975] EWCA Civ 7

R (Barkas) v North Yorkshire CC [2014] UKSC 31

Notes

↑ (1863) 2 H & C 121, 127

References

N Gravells (ed), Landmark Cases in Land Law (2013)

External links

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