There must be diversity of ownership of the dominant and servient tenements; and
The right must lie in grant.
Tags
#easements #land #law
Question
What are the 4 Re Ellenborough Park criteria?
Answer
?
Tags
#easements #land #law
Question
What are the 4 Re Ellenborough Park criteria?
Answer
There must be a dominant and a servient tenement;
The right must accommodate the dominant tenement;
There must be diversity of ownership of the dominant and servient tenements; and
The right must lie in grant.
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Parent (intermediate) annotation
Open it For a right to be capable of existing as an easement, it must satisfy certain requirements laid down by Evershed MR in the case of In Re Ellenborough Park [1956] Ch 131:
There must be a dominant and a servient tenement; The right must accommodate the dominant tenement; There must be diversity of ownership of the dominant and servient tenements; and The right must lie in grant.
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