Das v Linden Mews Ltd [2002] EWCA Civ 590 is an English land law case, concerning rights of way (a major type of easements).
4 and 5 who owned a small garden as separate parcels of land (tenements) for parking beyond the end of the road since 1988 and in 1998 opened up part of the wall, affixing substantial gates to access it more easily.
The case was remitted back to the trial judge for a fresh exercise of his discretion as to whether an injunction should be granted following the guidelines set down by the Court of Appeal.
The only automatically permissible enlargement of the dominant tenement would be an expansion of business, otherwise an express grant of easement would need to be negotiated, such as at a market price.
[2] It may however be pertinent to draw attention to some aspects of this judgment that the judge may wish to have in mind when determining whether damages is the appropriate remedy, and if so in what amount.