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Halsall V Brizell
''Halsall v Brizell'' 957Ch 169 is an English land law case, concerning the enforceability of a positive covenant, that is required positive obligations, in this case the obligation to pay money for upkeep and repair. Facts Homebuyers on a Liverpool estate owned their property enjoying the right (having an easement) to use estate roads, drains, the promenade, and sea walls subject to the obligation to contribute to repair and upkeep. Brizell, a successor of an original purchaser (buyer from the developer), wished to continue to benefit from all of these but claimed he should not need to pay, as payment was a positive covenant. Law It was already old law that positive covenants routinely bind successors in leasehold land. Until this case, conflicting decisions pointed to a narrow category of application of positive covenants (chiefly limited to for example the obligation to erect and maintain railings or fences) could bind successors (beyond the first covenantor, that is purchase ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Land Law
English land law is the law of real property in England and Wales. Because of its heavy historical and social significance, land is usually seen as the most important part of English property law. Ownership of land has its roots in the feudal system established by William the Conqueror after 1066, and with a gradually diminishing aristocratic presence, now sees a large number of owners playing in an active market for real estate. The modern law's sources derive from the old courts of common law and equity, along with legislation such as the Law of Property Act 1925, the Settled Land Act 1925, the Land Charges Act 1972, the Trusts of Land and Appointment of Trustees Act 1996 and the Land Registration Act 2002. At its core, English land law involves the acquisition, content and priority of rights and obligations among people with interests in land. Having a property right in land, as opposed to a contractual or some other personal right, matters because it creates privileges over ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Easements In English Law
Easements in English law are certain rights in English land law that a person has over another's land. Rights recognised as easements range from very widespread forms of rights of way, most rights to use service conduits such as telecommunications cables, power supply lines, supply pipes and drains, rights to use communal gardens and rights of light to more strained and novel forms. All types are subject to general rules and constraints. As one of the formalities in English law express, express legal easements must be created by deed. Some classes, types, of easement are heavily constrained — the courts of England and Wales will only uphold these as easements subject to wide-reaching public policy, chiefly property rights interference, tests they have laid down in precedent. Similar tests apply to the implication of easements. If they fail on any of these tests the right claimed may be interpreted as a "mere" licence, typically a right of use revocable at will. Details of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Leasehold
A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant holds rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a leasehold estate is typically considered personal property. Leasehold is a form of land tenure or property tenure where one party buys the right to occupy land or a building for a given length of time. As a lease is a legal estate, leasehold estate can be bought and sold on the open market. A leasehold thus differs from a freehold or fee simple where the ownership of a property is purchased outright and thereafter held for an indeterminate length of time, and also differs from a tenancy where a property is let (rented) on a periodic basis such as weekly or monthly. Terminology and types of leasehold vary from country to country. Sometimes, but not always, a residential tenancy under a lease agreement is colloquially known as renting. The l ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Gerald Upjohn, Baron Upjohn
Gerald Ritchie Upjohn, Baron Upjohn, CBE, PC, DL (25 February 1903 – 27 January 1971) was a British soldier and judge. Biography The younger son of William Henry Upjohn KC, he served in the Welsh Guards during the Second World War, reaching the rank of brigadier. In 1948, he sat with Sir George Lynskey and Sir Godfrey Vick on the Lynskey tribunal. Appointed to the Privy Council in 1960, he was Lord Justice of Appeal from 1960 to 1963. On 26 November 1963 he became a Lord of Appeal in Ordinary and was made additionally a life peer by the style title Baron Upjohn, of Little Tey in the County of Essex. While a Lord of Appeal in Ordinary he contributed to a number of significant cases. Three cases of particular importance are Boardman v Phipps 9672 AC 46 (giving a powerful dissent), Vandervell v IRC 9672 AC 291 (where he gave a majority speech) and In re Gulbenkian's Settlements 970AC 508. An interesting problem arose on Lord Upjohn's death. The Judicial Committee of the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rhone V Stephens
is an English land law case, at the court of final appeal level, concerning the succession to the burden of positive covenants in freehold land within which it is of relatively broad application. It is distinguished in cases of regular payments related to easements in English law which are enjoyed (see ''Halsall v Brizell'') and some other narrow categories, many of which are similarly well-known and well-cited notable cases. Facts Walford House was primarily a house but partly the building was a small cottage. When the small cottage was sold, as a sale of part, and as freehold land, the owner of the main house (vendor) covenanted to keep the whole roof in repair. The roof fell into disrepair and the cottage owner wished to sue the vendor's successor in title to carry out the works (specific performance) and/or for damages. Judgment Lord Templeman held that the covenant could not be enforced because the covenant was positive. His judgment said the following.9942 AC 310, 317-32 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Sydney Templeman, Baron Templeman
Sydney William Templeman, Baron Templeman, MBE, PC (3 March 1920 – 4 June 2014) was a British judge. He served as a Lord of Appeal in Ordinary from 1982 to 1995. Early life and career Templeman was born on 3 March 1920, the son of Herbert William Templeman (a coal merchant) & his wife Lilian née Pheasant. He was educated at Southall Grammar School and St John's College, Cambridge, where he was a scholar and read History. His studies were interrupted by World War II. In 1941, he was commissioned into the 4 Gorkha Rifles, and saw action on the Northwest Frontier, at Arakan, Imphal, and Burma. For his wartime service, he was mentioned in dispatches, and was demobilised as an honorary Major, and then later appointed an MBE for his war service. After the War, he returned to Cambridge to finish his studies, and read Law. He was called to the bar by the Middle Temple, where he was a Harmsworth Scholar, but joined Lincoln's Inn ''ad eundem'' as a MacMahon Scholar. He also practiced ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tito V Waddell (No 2)
''Tito v Waddell (No 2)'' 977Ch 106 is an English trusts law case, concerning what counts as a trust, and creates fiduciary duties, and when specific performance will be ordered. It is important as an historical case that forced the eviction of the people from the island of Banaba. On the points of specific performance, it has been superseded in the cases of ''Ruxley Electronics Ltd v Forsyth''. It stands as an historical example of an indigenous community exploited and expropriated by the mercantile mining interests of the British Empire. Facts In 1900, phosphate was discovered on Banaba (also known as Ocean Island, now part of the Republic of Kiribati, in the western Pacific Ocean). The UK government licensed the Pacific Islands Co Ltd, and from 1902 its subsidiary the Pacific Phosphate Co Ltd, to mine the land. In the 1920s the British Phosphate Commission took over. This was run by the UK, Australian and New Zealand governments, and continued the mining, together with mining ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Easements In English Law
Easements in English law are certain rights in English land law that a person has over another's land. Rights recognised as easements range from very widespread forms of rights of way, most rights to use service conduits such as telecommunications cables, power supply lines, supply pipes and drains, rights to use communal gardens and rights of light to more strained and novel forms. All types are subject to general rules and constraints. As one of the formalities in English law express, express legal easements must be created by deed. Some classes, types, of easement are heavily constrained — the courts of England and Wales will only uphold these as easements subject to wide-reaching public policy, chiefly property rights interference, tests they have laid down in precedent. Similar tests apply to the implication of easements. If they fail on any of these tests the right claimed may be interpreted as a "mere" licence, typically a right of use revocable at will. Details of t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Rentcharge
In English property law, a rentcharge is an annual sum paid by the owner of freehold land (terre-tenant) to the owner of the rentcharge (rentcharger), a person who need have no other legal interest in the land. They are often known as chief rents in the north west of England but the term ''ground rent'' is used in many parts of the country to refer to either a rentcharge or a rent payable on leasehold land. This is confusing because a true ground rent is a sum payable in relation to land held under a lease rather than freehold land. As a result, the first question a conveyancer or other adviser, such as the free Rentcharges Unit, will demand is information from the Land Registry, which the public can also obtain cheaply, as to whether the subjected land is freehold or held on a lease (a leasehold estate). History Rentcharge is a legal device which permitted an annual payment to be continually levied on a freehold property. A deed made with the parties' knowledge is legally effecti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1957 In British Law
1957 (Roman numerals, MCMLVII) was a Common year starting on Wednesday, common year starting on Tuesday of the Gregorian calendar, the 1957th year of the Common Era (CE) and ''Anno Domini'' (AD) designations, the 957th year of the 2nd millennium, the 57th year of the 20th century, and the 8th year of the 1950s decade. Events January * January 1 – The Saarland joins West Germany. * January 3 – Hamilton Watch Company introduces the first electric watch. * January 5 – South African player Russell Endean becomes the first batsman to be Dismissal (cricket), dismissed for having ''handled the ball'', in Test cricket. * January 9 – British Prime Minister Anthony Eden resigns. * January 10 – Harold Macmillan becomes Prime Minister of the United Kingdom. * January 11 – The African Convention is founded in Dakar. * January 14 – Kripalu Maharaj is named fifth Jagadguru (world teacher), after giving seven days of speeches before 500 Hindu scholars. * January 15 – The film ' ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1957 In Case Law
1957 ( MCMLVII) was a common year starting on Tuesday of the Gregorian calendar, the 1957th year of the Common Era (CE) and ''Anno Domini'' (AD) designations, the 957th year of the 2nd millennium, the 57th year of the 20th century, and the 8th year of the 1950s decade. Events January * January 1 – The Saarland joins West Germany. * January 3 – Hamilton Watch Company introduces the first electric watch. * January 5 – South African player Russell Endean becomes the first batsman to be dismissed for having ''handled the ball'', in Test cricket. * January 9 – British Prime Minister Anthony Eden resigns. * January 10 – Harold Macmillan becomes Prime Minister of the United Kingdom. * January 11 – The African Convention is founded in Dakar. * January 14 – Kripalu Maharaj is named fifth Jagadguru (world teacher), after giving seven days of speeches before 500 Hindu scholars. * January 15 – The film ''Throne of Blood'', Akira Kurosawa's reworking of ''Macbeth'', is rele ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Covenant (law)
A covenant, in its most general sense and historical sense, is a solemn promise to engage in or refrain from a specified action. Under historical English common law, a covenant was distinguished from an ordinary contract by the presence of a seal. Because the presence of a seal indicated an unusual solemnity in the promises made in a covenant, the common law would enforce a covenant even in the absence of consideration. In United States contract law, an implied ''covenant'' of good faith is presumed. A covenant is an agreement like a contract. The covenantor makes a promise to a covenantee to perform an action ''(affirmative covenant'' in the United States or ''positive covenant'' in England and Wales) or to refrain from an action (negative covenant). In real property law, the term ''real covenants'' means that conditions are tied to the ownership or use of land. A "covenant running with the land", meeting tests of wording and circumstances laid down in precedent, imposes duti ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
