Easements and Freehold covenants

Question 1

Re Ellenborough Park [1956] Ch 131:

Answer 1

easement criteria :
(1) there must be a dominant tenement, which has the benefit of the easement, and a servient tenement, which has the burden of the easement
(2) an easement must “accommodate” (benefit) the dominant tenement
(3) the dominant and servient owners must be different people
(4) the right must “be capable of forming the subject matter of a grant” – i.e. not something vague, or not legally enforceable like the right to personal privacy- has to be something an owner in the future could carry on granting - must not be personal or very vague

Question 2

Rhone v Stephens [1994] 2 AC 310

Answer 2

At common law,Equity does not cover the enforcement of positive covenants against successors in title of the land.

Question 3

Tulk v Moxhay (1848) 2 Ph 774

Answer 3

Equity allows the burden of a covenant to pass from an owner of the servient tenement to his successor in title, where the four requirements developed from the case of Tulk v Moxhay (1848) are met:
*The covenant must be restrictive in nature; and
*The covenant must accommodate the dominant land; and
*The original parties must have intended for the burden to pass with the servient land; and
*The purchaser of the servient land must have had notice of the covenant.