Easements
An easement is a right enjoyed by one piece of land (the dominant tenement) over neighbouring land (the servient tenement) — such as a right of way or a right to light. The classic requirements were set out in Re Ellenborough Park.
Last reviewed 14 June 2026
Re Ellenborough Park [1956] Ch 131 lists four requirements: there must be a dominant and a servient tenement; the easement must accommodate (benefit) the dominant land; the two must be owned or occupied by different persons; and the right must be capable of forming the subject matter of a grant.
Easements can be created expressly, by implication (necessity, common intention, or the rule in Wheeldon v Burrows) or by prescription (long use), and may be legal or equitable.
Key cases
- Re Ellenborough Park [1956] Ch 131
- Wheeldon v Burrows (1879) 12 Ch D 31
- Moncrieff v Jamieson [2007] UKHL 42
Frequently asked questions
What are the requirements for an easement?
Per Re Ellenborough Park: a dominant and a servient tenement; the right must benefit the dominant land; the tenements must be in different ownership/occupation; and the right must be capable of being granted.
How are easements created?
Expressly, by implication (necessity, common intention, or Wheeldon v Burrows), or by prescription (long use).
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