An easement does not extend to accomodate a use ancillary to the use of the dominant tenement | Practical Law

An easement does not extend to accomodate a use ancillary to the use of the dominant tenement | Practical Law

Das v Linden Mews Ltd, 1 May, 2002 (Court of Appeal).

An easement does not extend to accomodate a use ancillary to the use of the dominant tenement

Law stated as at 04 Jul 2002England, Wales
Das v Linden Mews Ltd, 1 May, 2002 (Court of Appeal).
The Court of Appeal has decided that an easement cannot be extended to accommodate a use ancillary to the use of the dominant tenement. In this case the appellants, who had the benefit of a right of way over a private road to their houses, claimed it also gave a right of access to a separate parking area, on the grounds that use of the parking area was ancillary to the enjoyment of their houses.