Subscribe to my personal channel for videos on how to study law effectively & efficiently: / @heygarethevans In the Court of Appeal decision in Re Ellenborough Park, Evershed M.R held that a right amounts to an easement only if it satisfies four requirements:
1. There is a dominant and a servient tenement (i.e. 2 plots of land);
2. The dominant and servient owners are different people;
3. The right “accommodates” the dominant tenement; and
4. The right is capable of forming the subject-matter of a grant
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SEE MY VIDEO ON PASSING THE BURDEN OF A COVENANT ➡️
• Passing the Burden of ...
If you liked this video you may like my website post on 'The Easement Content Requirements': digestiblenotes.com/law/land/...