Ellenborough Park [1955]

Ellenborough Park [1955] EWCA Civ 4 is a significant decision in English land law, particularly concerning easements.

Ellenborough Park was a jointly owned park in Weston-super-Mare. Portions of the park were sold to builders, who, along with the sale, received rights to enjoy the remaining parkland for the full enjoyment at all times hereafter in common pleasure of the ground. The owners of houses adjacent to the park sought recognition of their rights as an easement due to the requisition of some parkland during World War II.

The main issue was whether the rights granted to the builders constituted an easement or property right over the park. The broader question was what conditions must be met for an easement to exist.

The court granted the easement and established conditions for granting easements. In the leading judgment by Evershed MR, the following conditions for the granting of an easement were outlined:

1. There must be a dominant (benefiting) and a servient (burdened) tenement.
2. The easement must accommodate the dominant tenement. This accommodation must go beyond merely increasing the value of the dominant tenement. The easement must be connected to the use of the dominant tenement.
3. The dominant and servient tenements must have different owners.
4. The right must be capable of being the subject matter of a grant. Easements cannot physically exist and must be passed by a legal grant.
5. The right must not be purely for recreation; it must have utility.

This case clarified and emphasised the essential elements necessary for the recognition of an easement. It highlighted the importance of the connection between the easement and the use of the dominant tenement and set a precedent for future cases involving easements.