3: EASEMENTS

125 Easements to use gardens

Although the right to use and enjoy a garden is usually by way of an entitlement to possession, whether by transfer of the freehold, or grant of a lease or licence, an entitlement to possession may also arise by way of a right to use the garden under an easement: that is, the grant or reservation expressly provided for in a transfer, deed of grant or lease not of the garden land itself but of the right to use the land as a garden1. The document may limit those rights, and may also deal

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