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Re Ellenborough Park [1956]

Facts

  • Two plots adjoining Ellenborough Park in Weston-super-Mare were sold to different purchasers
  • The conveyances granted to the purchasers the ‘full enjoyment’ of Ellenborough Park
  • The conveyances also contained covenants that the purchasers would pay fair proportions of the cost of keeping the park in goo condition

Issue

Decision

  • Yes

Reasoning

  • Also enjoyment rights alone cannot be recognised as easements, the park acted as a garden for the conveyed plots of land, providing a sufficient connection with the plots to find easements
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