LAWS5990: Critically discuss by reference to cases decided after Re Ellenborough Park, how the Courts have considered the essential characteristics: Land Law Essay, UOK, UK

QUESTION 

The rationale of Lord Evershed MR in Re Ellenborough Park (1953) has been seen as:

(1) To limit the types of rights that qualify as easements , and

(2) To promote clarity in relation to the creation of easements

Critically discuss by reference to cases decided after Re Ellenborough Park, how the Courts have considered the essential characteristics of easements in light of these objectives. You are not required to discuss the methods by which easements are created.

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