Question 3
Archie was registered proprietor of a small garage (‘the garage’) in which he carried on
business as a motorcar mechanic. The garage was designed and constructed for such use.
Archie was also registered proprietor of a yard (‘the yard’) adjoining the garage. Archie used
the yard to store cars that were awaiting repair or collection by their owners. The use of the
yard is essential to the business carried on in the garage: without it, the business is not
commercially viable.
Two years ago, Archie sold the motorcar mechanic business, including the garage (but not the
yard), to Benjamin. Benjamin was registered as proprietor of the garage.
Since purchasing the garage, Benjamin has used the yard to store cars awaiting repair or
collection. Archie never objected to this, even though the cars frequently exhausted all the
available space in the yard.
Last month, Archie sold the yard to Connor, who was registered as its proprietor. Last week,
Connor told Benjamin to stop using the yard.
Advise Benjamin whether his right to store cars in the yard:
(i) is capable of being an easement;
(ii) was acquired as an easement; and
(iii) is enforceable against Connor.
Archie was registered proprietor of a small garage (‘the garage’) in which he carried on
business as a motorcar mechanic. The garage was designed and constructed for such use.
Archie was also registered proprietor of a yard (‘the yard’) adjoining the garage. Archie used
the yard to store cars that were awaiting repair or collection by their owners. The use of the
yard is essential to the business carried on in the garage: without it, the business is not
commercially viable.
Two years ago, Archie sold the motorcar mechanic business, including the garage (but not the
yard), to Benjamin. Benjamin was registered as proprietor of the garage.
Since purchasing the garage, Benjamin has used the yard to store cars awaiting repair or
collection. Archie never objected to this, even though the cars frequently exhausted all the
available space in the yard.
Last month, Archie sold the yard to Connor, who was registered as its proprietor. Last week,
Connor told Benjamin to stop using the yard.
Advise Benjamin whether his right to store cars in the yard:
(i) is capable of being an easement;
(ii) was acquired as an easement; and
(iii) is enforceable against Connor.
