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TomTom 6251
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#1
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DoNotDivideBy0
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#2
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The bench itself? No ... because it is a chattel, not real property.

There may be rights associated with it that can be easements. But I am having difficulty envisaging any, because in order for rights to be easements they must be enjoyed for the benefit of a dominant tenement.

Remember that the essential quality of an easement is that it is a limited right over one parcel of real property (the servient tenement) enjoyed for the benefit of another parcel of real property (the dominant tenement). Hence a right of way to access a parcel of "back land"; an easement of support; a right of eavesdrop; a right for water to run off onto the land; a right of light ... all of these can exist as easements.

What rights in relation to the garden bench had you in mind?
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TomTom 6251
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#3
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(Original post by DoNotDivideBy0)
The bench itself? No ... because it is a chattel, not real property.

There may be rights associated with it that can be easements. But I am having difficulty envisaging any, because in order for rights to be easements they must be enjoyed for the benefit of a dominant tenement.

Remember that the essential quality of an easement is that it is a limited right over one parcel of real property (the servient tenement) enjoyed for the benefit of another parcel of real property (the dominant tenement). Hence a right of way to access a parcel of "back land"; an easement of support; a right of eavesdrop; a right for water to run off onto the land; a right of light ... all of these can exist as easements.

What rights in relation to the garden bench had you in mind?

the right in relation to the garden bench:- for example if A sits on the bench to admire a view.
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DoNotDivideBy0
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#4
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#4
So ... let me be clear. There is a parcel of land called Blackacre, with a garden bench upon it. The bench belongs to the owner of Blackacre.

A is accustomed to come onto Blackacre and to sit on the bench for the purpose of admiring the view over Greenacre.

What relationship does A have to either Blackacre or Greenacre? Does he have a proprietary interest in either? Or is he a complete stranger?
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