Parking spaces – lease – or licence – or easement?

De Le Cuona v Big Apple Marketing Ltd (Not yet reported) (Chancery Division) (Newey J) (12 April 2017)

We mention this case because it raises a drafting point which may of interest to readers. A full transcript of the judgment delivered by Newey J is not yet available. The issue came down to whether, on its proper construction, the deed granted an easement to park or amounted to a lease of two parking spaces. The appellant argued it was a lease because it granted exclusive possession and that it was void for non-registration. If the deed was the grant of easement was it effective if a right to park could not, in law, constitute an easement?