Estate being developed for building purposes.
Purchasers of plots surrounding park given certain
rights of user over park.
Park requisitioned during WW2.
War Office subsequently paid compensation on account
Various questions arose concerning rights of
purchasers to use park.
Had surrounding owners lost a legal right, for which
they were entitled to compensation?
Court of Appeal held right of enjoyment was an
easement and therefore compensation was payable.
Four characteristics of an easement:
1. There must
be a dominant and a servient tenement.
2. An easement
must ‘accommodate’ the dominant tenement.
3. Dominant and
servient owners must be different persons.
4. Right over
land cannot amount to easement unless capable of forming subject matter of a
Court of Appeal held all criteria met.