Case References Easements

Case Name / Principle
London & Blenheim Estates Ltd v Ladbroke Retail Parks Ltd [1994] WLR 31 / There must be a dominant and servient tenement which must be defined at the time of the grant. An easement cannot exist in gross.
Hill v Tupper [1863] 2 H&C 121 / A right which confers a personal benefit does not accommodate the dominant tenement unless it benefits the land as land.
Kilgour v Gaddes [1904] 1 KB 457 / An easement cannot be acquired by prescription by one tenant against another tenant of the same landlord. It could be a leasehold term or a licence but could not be an easement as the freeholder cannot enjoy a right against himself in relation to one part of his land against another.
Phipps v Pears [1965] 1 QB 76 / The right must be a recognised one made by a capable grantor to a capable grantee. There is no easement of protection from the weather.
Wright v Macadam [194] 2 KB 744 / An easement can come into existence as a result of s62 of the Law of Property Act 1925. The use of a shed was a recognised right in land.
Copeland v Greenhalf [1952] Ch 488 / An easement should not have the effect of excluding the servient owner from possession of his property by giving the claimant exclusive use. This was a claim for an easement to store vehicles on an 8’ wide part strip of land.
Wong v Beaumont Property Trust Ltd [1965] 1 QB 173 / An easement can come about by the intention of the parties. Here there was an easement of necessity to erect and maintain a ventilation duct.
Wheeldon v Burrows [1879] 12 Ch D 31 / A grant of a part of a tenement passes with it those continuous and apparent easements over the other part of the land which are necessary for the enjoyment of the granted land which have hitherto been in use.
Re Ellenborough Park [1956] Ch 13 / Four requirements for an easement:
  1. There must be a dominant and servient tenement
  2. An easement must ‘accommodate’ the dominant tenement
  3. Dominant and servient owners must be different persons
  4. A right over land cannot be an easement unless it is capable of forming the subject matter of a grant