Supreme Court grants permission to appeal in important easement case

The Supreme Court has granted permission to appeal in Stenner v Teignbridge District Council, a case with the potential to significantly impact the future of easement law. Partner Jasdeep Rai acts for the appellant alongside counsel David Holland KC and Rupert Cohen. The issue arises from Mr Stenner’s claim to store his boats on a triangular plot of land, owned by the council, during the winter period.

The appeal could result in challenging the long established test on the application of the “ouster principle” set by Batchelor v Marlow [2001] EWCA Civ 1051 (affirming and applying the principle established in Copeland v Greenhalf [1952] Ch.488), an authority that has shaped decisions on easements for more than twenty years.

The First-tier Tribunal and the Upper Tribunal dismissed the appellant’s claims. They found that the right contravened the “ouster principle”, applying the test set in Batchelor v Marlow. However with the Supreme Court set to hear the matter, that test could change.

Partner Jasdeep Rai said the Supreme Court’s decision to hear the appeal provides an opportunity for clarification.

“This is a significant development. The Supreme Court has created space to consider the correct test to be applied when considering the “ouster principle”. Any shift in the current approach could have important implications on the law of easements. It’s certainly one to watch.”