Building Blocks: Re Ellenborough Park [1955]

In this episode of our Building Blocks series, Richard unpacks Re Ellenborough Park. The owners of the parkland concerned sold parts of the land so that houses may be built, and granted "the full enjoyment at all times hereafter in common pleasure of the ground” to those living there. And when the land was requisitioned during WWII, the owners of the houses tried to argue to have their rights to the parkland recognised as an easement so that they would be entitled to compensation under the Compensation Defence Act 1939. Richard thus goes into the elements of, and considerations in, granting an easement in this fundamental case.

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