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Re Ellenborough Park

[1956] Ch 131

Case summary last updated at 08/01/2020 15:46 by the Oxbridge Notes in-house law team.

Judgement for the case Re Ellenborough Park

 The land around Ellenborough Park was sold for building. Each property owner was granted a right to use the park, subject to covenanting to pay a contribution towards its upkeep. In due course the park was sold, and the new owners wanted to build on it. The Court of Appeal held that the right to use the park was an easement, and was binding on the new owners. The formula for an easement is the formulation of an easement is: (1) there must be a dominant and a servient tenement; (2) an easement must accommodate the dominant tenement; (3) the dominant and servient owners must be different persons; (4) a right over land cannot amount to an easement unless it is capable of forming the subject matter of a grant. (Evershed MR).

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