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Re Ellenborough Park (1955)

Last modified: Thu Feb 23 16:37:37 2006

[1956] Ch 131; [1955] 3 WLR 892 [1955] 3 All ER 667 (CA). The land around Ellenborough Park in Weston-Super-Mare was sold for building. Each property owner was granted a right to use the park, subject to covenanting to pay a contribution towards its upkeep. In due course the park was sold, and the new owners wanted to build on it. The Court of Appeal held that the right to use the park was an easement, and was binding on the new owners. This case is interesting for its guidance on what constitutes an easement; see the article on Easement for more details.

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