LAW

Law Case Analysis

Law Case Analysis

Importance of the Case

In order to analyze the importance of the given case, it is very much essential to understand the case first. The name of the case is “Re Ellenborough Park, [1956] 1 Ch 131”. It was ruled in the Court of Appeal of England and Wales, by judges Sir Raymond Evershed MR and Lords Birkett and Romer LJJ. The judges dismissed the appeal and granted an easement. The case was concerned with the Ellenborough Park land. The land around Ellenborough part was sold for building. When the land was purchased each of the property owners were granted the right to use the park, but with the condition that each will pay a contribution towards its upkeep. After sometime the park was sold and the new property owners wanted to construct a building on this park. The case went to the court of appeal, which ruled that easement was the right to use the park, and the new owners were bound by it (www.faculty.law.ubc.ca). The formulation of an easement is bind by four characteristics:

There should be a leading and servient tenement (www.faculty.law.ubc.ca)

The easement should accommodate or provide advantage to a leading tenement (www.faculty.law.ubc.ca)

There should be different leading and servient persons (www.faculty.law.ubc.ca)

A right over the land can't be an easement unless it is able to form a subject matter of a grant (www.faculty.law.ubc.ca)

In this case the trial judges decided that all the four required conditions for an easement are met; as in this case the houses represented the leading tenements and the park represents the servient tenement. The usage of that park was attached with the houses; it was anticipated to be enjoyed only when purchased and always had been enjoyed on that basis. Both the park and the houses were owned by different parties. Lastly, the judges identified that this right is greater than just the entertainment or for enjoyment, as use of that park is an advantage. Judge also stated that an opportunity of wandering willingly over all and every part of another's park amounts to a right of utilizing and advantage. Thus, the easement was identified and the right was granted. Therefore, this case is important as it provides the owners of the houses located around a 'private square', a right to utilize that private square, garden, for relaxing purpose (Saxton and Bogusz, 2011, p.540).

Development of Legal Principles

The importance of this case is attached with the development of legalities in an 'easement'. It clearly demonstrates that an easement is the right which makes it convenient to use the land of another person or which provides advantages in some way like this. This right inflicts a burden on the land because this it is right which is inflicted on someone else's land. Further, it also highlights that easement is related to property interests in land; therefore, it provides advantages of that land along with the burden of land to both the land owners involved.

This case clearly represents the development of easement ...