A tenant claimed the right to use a lavatory on another floor of the building in which he lived. The tenants of that floor objected to his use of it. One question was whether the right to use the toilet would be capable of being an easement. CA held that it was.
Romer LJ: “There is no doubt what were intended to be the dominant and servient tenements respectively, and the right was appurtenant to the former and calculated to enhance its beneficial use and enjoyment.” There is no problem of vagueness. “It is true that during the times when the dominant owner exercised the right, the owner of the servient tenement would be excluded, but this in greater or less degree is a common feature of many easements (for example, rights of way)”.