Re Ellenborough Park [1955] 3 All ER 667
Court of Appeal
Basic Facts: A park in the middle of three rows of houses was available for use by occupiers. X, who purchased the park and some houses, tried to build on it, leading to objections from other house occupiers.
Issue for the Court: What constitutes a valid easement?
Held: The court held that the right to use communal gardens could qualify as an easement, as it benefited the dominant land.
(Evershed MR) An easement must:
1) Have a dominant and servient tenement.
2) Accommodate the dominant tenement.
3) Involve different owners for the dominant and servient tenements.
4) Be capable of forming the subject matter of a grant.
A right is not an easement unless it accommodates and serves the dominant tenement, and is reasonably necessary for its enjoyment. A park serving as a communal garden is a valid easement.