London & Blenheim Estates v Ladbroke Retail Parks [1993] 4 All ER 157

Court of Appeal

Basic Facts: LC sold land to L&B with parking rights and the option to include additional land in this agreement. L&B acquired additional land but did not notify LC before LC sold the land to LRP.

Issue for the Court: What characteristics does an easement have?

Held: The court ruled that additional easements could not arise unless there was a clear grant and intention.

• Peter Gibson LJ stated that an easement requires identification of dominant and servient lands. An option to create an easement must be specific and identified; otherwise, the easement lacks certainty.