xs
This website uses cookies to ensure you get the best experience on our website. Learn more
Law Cases
Land Law Cases
Easements Cases

Miller v Emcer Products [1956] Ch 304

Country:
United Kingdom
By Oxbridge Law Team
Romer LJ

  • A tenant claimed the right to use a lavatory on another floor of the building in which he lived. The tenants of that floor objected to his use of it.

  • One question was whether the right to use the toilet would be capable of being an easement.

  • CA held that it was. 

Romer LJ

There is no doubt what were intended to be the dominant and servient tenements respectively, and the right was appurtenant to the former and calculated to enhance its beneficial use and enjoyment.

  • There is no problem of vagueness.

It is true that during the times when the dominant owner exercised the right, the owner of the servient tenement would be excluded, but this in greater or less degree is a common feature of many easements (for example, rights of way).

Any comments or edits about this case?
Get in touch

Similar cases

Regency Villas Ltd v Diamond Resorts (Europe) Ltd
If the primary purpose of the dominant tenement is recreational, then a recreational easement will usually satisfy the “accommodation” requirement. To be valid, an easement must satisfy certain requi...
Wheeldon v Burrows
For an easement to be implied from a quasi-easement, the following requisites must concur: Must be continuous and be apparent at the time of the sale; Must be necessary for the reasonable use and enj...
Mulvaney v Gough
The owners of various cottages (Plaintiff) had used a plot of land (belonging to Defendant), adjacent to the cottages as a communal garden. Defendant decided to gravel path the garden, destroying flo...
Moncrieff v Jamieson
This case centers on an easement dispute involving parking rights linked to a vehicular access servitude. It hinges on whether parking is a natural extension of the access servitude, delving into pro...
Hill v Tupper
Plaintiff owned an allotment of land on the side of a river ran his boat on the river which he was allowed to do by the council for his business. Court held that this was a licence and could not be a...

Related free notes samples

Easements Notes
A collection of the best GDL notes the director of Oxbridge Notes (an Oxford law graduate) could find
Easements Notes
Land Law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all th
Easements Notes
Land Law notes fully updated for recent exams at Oxford and Cambridge. These notes cover all th

logo

Ambitious and intelligent students
choose Oxbridge Notes.

©2024 Oxbridge Notes. All right reserved.