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Words: | Submitted: Fri Jan 28 2005
... or defined as an easement or a covenant has great repercussions on the way that it can be incorporated in the sale of land. It would be worth Adam considering the implications of both easements and covenants prior to creation of them. An easement can be simply defined as a right over another persons land. Re Ellenborough Park1 provides the leading authority on the definition of easements and when they are able to exist; as stated by Lord Evershed MR '(1) [T]here 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, and (4) a right over land cannot amount to an easement, unless it is capable of forming the subject-matter of a grant'. They are interests in land; the land which enjoys the benefit is the dominant tenement and the land which is burdened is ...
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