Emile Elias v Pine Groves

 The parties disputed whether a building scheme had been established. There was no external evidence of the intention of the original parties. Held: The building scheme was not established over a piece of land comprising five plots because (amongst other reasons) it was not shown that the purchasers of plots 1 and 3 (or their predecessors) knew that plot 5 was included. Their conveyances had a general plan showing plots 1 to 4, but not plot 5.