EASEMENTS & PROFIT A
PRENDRE
Easements
Nature of an easement
Right over another person’s land
Eg right of way and right of light
Right to use a washing line on the neighbour’s land
(Drewell v Towler (1832) B & Ad. 735
Right to park a car on another person’s land
Patel v W.H. Smith (Eziot) Ltd (1987) 1 W.L.R. 853 at 859 Balcombe L.J.
MOST IMPORTANT CASE
Re Ellenborough Park [1956] Ch 131
Where for the first time, the right of householders to walk freely in a nearby park was
recognised as satisfying the requirements to qualify as an easement
Once created the easement will run automatically with the dominant land and can be
enjoyed by any occupier of the land
An easement exists to benefit the land as such it is necessary but not sufficient that the
person claiming the right must own the land
The right must benefit the owner in that capacity
There are two issues to consider:
(i) mutual proximity of the two plots
(ii) the nature of the advantage claimed
Proximity
The two plots of land must be reasonably close to each other but need not be physically
next to each other.
Re Ellenborough Park [1956] Ch 131
Nature of the claim
The question is whether the right claimed has some natural connection with the estate or
whether it confers a personal advantage for the current owner of the estate
This is a question of fact and the test to determine this matter is whether the right makes
the occupation or use of the dominant tenement more convenient.
if dominant tenement is used for business purposes
Hill v Tupper[1863] 2H & C 121
Dominant and servient tenement
For a right to exist, the right must affect two plots of land
In the right of way the person claiming the right does so in his capacity as owner of a
tenement over another plot of land.
Definition of tenement
An estate or holding of land
The land that enjoys the benefit of the right = dominant tenement
The land over which the right is exercised is = servient tenement
An easement cannot exist in gross
London and Blenheim Estates Ltd v Ladbroke Retail parks Ltd [1994] 1W.L.R 31 AT
36 P. Gibson L.J
Easements – Servient vs. Dominant
Servient Tenement
Land burdened by the easement
Land which “suffers” because of the easement
Dominant Tenement
Land (if any) benefited by the easement
Land which is made “more valuable” because of the easement
