Do we have a right to park? Alec Samuels investigates
One might have thought that the answer to the question: “Is the right to park capable of existing as an easement?” would be simple, clear, straightforward, long-standing and authoritative. However, despite the tremendous pressure for space to park in our car dominated society, the matter is not clear, or not absolutely clear.
MONCRIEFF v JAMIESON
The matter came before the House of Lords recently in Moncrieff v Jamieson [2007] UKHL 42—reviewing the earlier cases. Unfortunately: the case came from (where the law is not necessarily the same as in ); the facts were extremely unusual; the right to park was not directly at issue; and some of their lordships did not decide the point directly. However, two judges, Lords Scott and Neuberger, seem to say that there is a right to park, Lord Mance seems to agree but does not expressly so decide, and Lords Hope and Rodger seem to accept a right to park (but neither decide nor dissent). Lord Scott said at para 63:
