Miller v Emcer Products [1956] Ch 304

Court of Appeal

Basic Facts: A tenant asserted the right to access a lavatory on a different floor of the building where he resided. The occupants of that floor opposed his use of the facility.

Issue for the Court: When is an easement capable of grant?

Held: The court held that a right to use toilet facilities in a neighbouring building was ancillary to the lease, emphasizing the importance of implied easements.

• Romer LJ found that the right to use lavatories had the necessary characteristics of an easement: it was definite, connected to the dominant tenement, and did not unduly burden the servient tenement.