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Decoding Judgements: Revisiting the Easements in Re Ellenborough Park

4 August 2023 | CaseSnappy Team

Ellenborough Park in Weston-super-Mare, England - the subject of this case.


Welcome back to the "Decoding Judgements" series by CaseSnappy, where we dissect landmark court cases into digestible sections. This week we delve into Re Ellenborough Park [1956] Ch 131, a key decision in land law. The case contributes significantly to how easements are understood and applied.

The Battle of the Park: Facts of the Case

In the centre of this dispute was Ellenborough Park, a piece of land promised as an amenity for the use and enjoyment of nearby residents in a conveyance. The twist came when one adjacent property was divided into two, and the new owner sought to exercise the right to use the park. This was opposed by the owners of Ellenborough Park, who argued that the right to use the park did not extend to subdivided properties.

Real Right or Personal Right: Issues in the Case

The pivotal question was whether the privilege to use the park was a valid right that passed along to new owners (an easement), or if it was merely a personal covenant enforceable only by the original parties. The claimants, as subsequent buyers, insisted they were entitled to usage of the park, while the defendants held that the right was a purely personal one.

An Enduring Easement: The Decision

The Court of Appeal ruled that the right to use Ellenborough Park was indeed an easement that could pass onto future owners of the dominant tenement (the properties initially benefitting from the right). The court established four criteria for the existence of an easement to provide a legal framework for future land law disputes.

In the words of Lord Evershed M.R.: “There must be a dominant and a servient tenement: an easement must 'accommodate' the dominant tenement: dominant and servient owners must be different persons and a right over land cannot amount to an easement unless it is capable of forming the subject matter of a grant.”

CaseSnappy: Your Digital Protégé in Law

Through the lens of Re Ellenborough Park, we understand the important principles that govern easements in land law. As always, our goal at CaseSnappy is to simplify complex legal verdicts into concise breakdowns, for students, professionals, and anyone with an interest in law.

Join us for another edition of "Decoding Judgements" next week for more enlightening case insights. Sign up to CaseSnappy for free today to explore our extensive case summary library.

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