Hill vs Tupper
(1863) 2 H & C 121
Case Summary
Facts
Hill owned land adjacent to Tupper's landlocked property. Tupper used a pathway across Hill's land for access. Hill attempted to block the pathway . Tupper claimed a right of way easement.
Issues
Can a landowner claim a right of way easement over adjacent land to access their landlocked property?
Key Legal Concepts
1) Right of Way of Easement - Right given to another person or entity to trespass upon land that person or entity does not own. 2) Implied Easement - An implied easement is a legal right to use a property that is not explicitly written in a contract but is reasonable to use
3) Necessity - When a person is forced to break the law to prevent a greater harm
Judgement
It was held that the contract did not create a legal property right for the plaintiff, and that the defendant had the right to use the canal for pleasure boats. The right to exclusively use the canal was not for the benefit of the land, but for the plaintiff’s business.
“…the law will imply a grant of a right of way.. where it is necessary for the enjoyment of the land.”
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