Which characteristic must a right have in order to be an easement under Re Ellenborough Park?
Answer and explanation
Correct answer: B. There must be a dominant tenement and a servient tenement, with the right accommodating the dominant tenement
- Step 1: Re Ellenborough Park lists four characteristics.
- Step 2: There must be a dominant and servient tenement, accommodation, different owners and capable of forming the subject matter of a grant.
Answer
There must be a dominant tenement and a servient tenement, with the right accommodating the dominant tenement.
Why not the others: Easements run with land; deeds are not the essence of the right; a public benefit would make it a public right.
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