The Basingstoke Canal Co gave Hill an exclusive contractual licence in his lease of Aldershot Wharf, Cottage and Boathouse to hire boats out.

Mr Tupper also occasionally allowed customers to use his boats by his Aldershot Inn to bathe or fish in the canal.

He sued Tupper, arguing that his lease gave him an exclusive easement and so a direct right to enforce it against third parties (rather than mere licence).

[1] Pollock CB held that the contract did not create any legal property right, and so there was no duty on Mr Tupper.

[1] A new species of incorporeal hereditament cannot be created at the will and pleasure of the owner of property...[1]Bramwell and Martin BB concurred.