Ratio Decidendi
An easement must accommodate the dominant tenement, meaning it must benefit the land itself rather than merely providing a personal advantage to the landowner.
Fakty
A conveyance purported to grant a right to use a park that was not adjacent to the dominant land.
Podsumowanie orzeczenia
The court held the right did not accommodate the dominant tenement because the park was too far away to enhance the use and enjoyment of the land itself.
Kluczowe cytaty
"An easement must be connected with the enjoyment of the dominant tenement and must not be a mere personal advantage."
— Farwell J
Późniejsze zastosowanie
Good law
Authority on the requirement that easements must benefit the dominant land.