ABSTRACT
There are two or three questions which usually have to be answered before you can say whether or not any given right is enforceable as an easement. The starting point is to examine the right and decide whether it is capable of being an easement by looking at the requirements enunciated in Re Ellenborough Park (see section 7.1); if the answer to that question is in the affirmative, you may then move on to examine whether the right has been validly acquired as an easement (see sections 7.3. and 7.4). Of course, there could be other issues in addition to the above, such as fluctuations in user (see section 7.2), protection of the right (see section 7.5), abandonment, or variation of the right (see section 7.6).
