Reference no: EM133812583

Question

In 2010 Ethan bought an old farm and surrounding land. He converted the farm into a vacation home to cater to tourists. A road runs along the eastern edge of the land and a Go Kart Circuit along the western boundary. Ethan parked his car outside the front door of the old farm, which was at its western end and used it to drive across his land to reach the road.

In 2017, Ethan's family left him and he converted the vacation home into two dwellings by dividing it and the land in half: he continued to live in the western half and he leased the eastern half to Evan for six months. Evan was a keen Go-Kart racer and Ethan allowed him to keep his kart in his shed near the karting circuit and to drive his kart from Ethan's land. Ethan had never used his shed for storage prior to this. Ethan continued to drive across Evan's land to reach the road.

At the end of the lease, Evan bought the freehold of the eastern half of the dwelling and land from Ethan. Both the lease and the transfer were silent on whether Ethan could drive across Evan's land, and there was no mention was made of the storage of the kart in the lease agreement. Subsequently Evan sold his property and his kart to Eric.

Eric objects to Ethan driving across his land. Ethan says if he tries to stop him he will prevent him from keeping the kart in his shed and driving it from his land.

One of the four characteristics of easement is the right to accommodate the dominant tenement. Appraise if this right had accommodated the dominant tenement.