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Parking easements

Andrew Barsby considers the current state of the law on the right to park as an easement

14 June 2002

Can you park a horse and cart? Not, surely, in quite the same way that cars are parked, since at journey’s end the horse must be put away in a stable or a field. In any event, parking easements for horses and carts have troubled the legal system very little. But with the rise of the motor vehicle during the twentieth century, parking has become a valuable and contentious right. Parking is no more than a particular form of storage of goods on land. It is not a homogeneous activity, and the law therefore varies depending on what is actually involved. In most cases, it involves a certain amount of coming and going, rather than long-term parking in the same spot. (If the right to station a caravan or mobile home on land for lengthy periods turned out to be an easement, rather than a licence, this would have major consequences for proprietors of caravan sites and mobile home parks.) Parking in a parking space Though it is difficult to find earlier cases involving c...

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