Negative Easements
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Negative Easements
''Phipps v Pears'' [1964] is an English land law case, concerning easements. The case concerns walls other than those governed by the Party Wall Act. Party walls are those which are touch or are shared or agreed to be party walls. The court held the law will not imply or invent a new form of negative easement to prevent a neighbour's wall being pulled down which offers some protection (and no special agreement or covenant is in place). Facts The wall of a newly built house, at number 16 Market Street, Warwick, was very close to the adjoining one, number 14, and was not rendered to make it weatherproof nor well-reinforced to make it strong against wind. The house at number 14 was demolished. This left the wall of number 16 exposed. Cracks soon appeared. Number 16's owner claimed damages against his neighbour for repairing the wall. He pled for the court to find a new kind of negative easement (which would, by extension from analogous types of easement) forbid the earlier, neighbo ...
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Master Of The Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Court of Appeal (England and Wales)#Civil Division, Civil Division of the Court of Appeal of England and Wales and Head of Civil Justice. As a judge, the Master of the Rolls is second in seniority in England and Wales only to the Lord Chief Justice of England and Wales, Lord Chief Justice. The position dates from at least 1286, although it is believed that the office probably existed earlier than that. The Master of the Rolls was initially a clerk responsible for keeping the "Rolls" or records of the Court of Chancery, and was known as the Keeper of the Rolls of Chancery. The Keeper was the most senior of the dozen Chancery clerks, and as such occasionally acted as keeper of the Great Seal of the Realm. The post evolved into a judicial one as the Court of Chancery did; the first reference to judicial duties dates from 1520. With the Supreme Court of ...
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Aldred's Case
''Aldred's Case'' (1610) 9 Co Rep 57b; (1610) 77 ER 816, 558–1774All ER Rep 622, is an English land law and tort law case on nuisance. The case can be seen as the birth of the ordinary man having a cause of action in certain types of environmental law against his immediate neighbour. The case confirmed a legal right to abate relatively extreme noise and smell, provided it cannot be justified as being protected by way of an easement have arisen such as from the passing of time (an easement by prescription) or custom on the piece of land in question. The judge recited the separate law, in an ''obiter dictum'' in an old Latin maxim in the English common law, that there is no right to a view. William Aldred claimed that Thomas Benton had erected and used a pigsty too close to his house, so that the stench made his own house unbearable to live in, including the "stopping of wholesome air". Judgment The Court ruled that the smell of the sty was enough to deprive Aldred of his proper ...
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Court Of Appeal (England And Wales) Cases
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of the world, court systems are divided into at least three levels: the trial court, which initially hears cases and reviews evidence and testimony to determine the facts of the case; at least one intermediate appellate court; and a supreme court (or court of last resort) which primarily reviews the decisions of the intermediate courts, often on a discretionary basis. A particular court system's supreme court is its highest appellate court. Appellate courts nationwide can operate under varying rules. Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinar ...
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English Land Case Law
English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national identity, an identity and common culture ** English language in England, a variant of the English language spoken in England * English languages (other) * English studies, the study of English language and literature * ''English'', an Amish term for non-Amish, regardless of ethnicity Individuals * English (surname), a list of notable people with the surname ''English'' * People with the given name ** English McConnell (1882–1928), Irish footballer ** English Fisher (1928–2011), American boxing coach ** English Gardner (b. 1992), American track and field sprinter Places United States * English, Indiana, a town * English, Kentucky, an unincorporated community * English, Brazoria County, Texas, an unincorporated community * Engli ...
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Wright V Macadam
Wright is an occupational surname originating in England. The term 'Wright' comes from the circa 700 AD Old English word 'wryhta' or 'wyrhta', meaning worker or shaper of wood. Later it became any occupational worker (for example, a shipwright is a person who builds ships), and is used as a British family name. The word's use as an occupational title continued until the mid-19th century, often combined with other words such as in shipwright, wheelwright, wainwright and playwright. '', Wright'' was the eleventh most common surname in England. The word ''carpentier'', now "carpenter", was introduced into England in the years after the Norman conquest in 1066 and slowly replaced the traditional name and meaning of wright in most of England. 'Wright' is still used in Scottish English in the original meaning of 'skilled woodworker'. The Incorporation of Wrights of the Trades House of Glasgow, and the Incorporation of Wrights and Masons of Edinburgh Trades retain the word in its orig ...
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Colin Blackburn, Baron Blackburn
Colin Blackburn, Baron Blackburn, (18 May 1813 – 8 January 1896) was a Scottish judge who is remembered as one of the greatest exponents of the common law. At one point, Blackburn was a judge in the Court of Exchequer Chamber. On 16 October 1876, he became the first person to be made a law lord under the terms of the newly passed Appellate Jurisdiction Act. Life He was the second son of John Blackburn of Killearn, Stirlingshire, and Rebecca, daughter of the Rev. Colin Gillies. He was born on 18 May 1813. His elder brother, Peter Blackburn, represented Stirlingshire in the conservative interest in the parliament of 1859–65. His younger brother was the mathematician Hugh Blackburn. The future judge was educated at the Edinburgh Academy, Eton and Trinity College, Cambridge, in which university he graduated B.A. (eighth wrangler) in 1835, and proceeded M.A. in 1838. In 1870, he received the honorary degree of LL.D. from the University of Edinburgh. Admitted on 20 April 1835, st ...
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Webb V Bird
Webb most often refers to James Webb Space Telescope which is named after James E. Webb, second Administrator of NASA. It may also refer to: Places Antarctica * Webb Glacier (South Georgia) * Webb Glacier (Victoria Land) *Webb Névé, Victoria Land, the névé at the head of Seafarer Glacier *Webb Nunataks, a group of nunataks in the Neptune Range * Webb Peak (other) Canada * Rural Municipality of Webb No. 138, Saskatchewan ** Webb, Saskatchewan, a village within the rural municipality United States *Webb, Alabama, a town *Webb, Iowa, a city *Webb Lake (Maine) *Webb River, Maine *Webb Memorial State Park, Massachusetts *Webb, Mississippi, a town *Webb City, Missouri, a city *Webb City, Oklahoma, a town *Webb, New York, a town *Webb, Texas, an unincorporated community *Webb County, Texas *Webb Air Force Base, near Big Spring, Texas *Webb Hill, Utah *Webb, West Virginia, an unincorporated community *Webb Canyon, Grand Teton National Park, Wyoming The Moon *Webb (crate ...
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Windmill
A windmill is a structure that converts wind power into rotational energy using vanes called windmill sail, sails or blades, specifically to mill (grinding), mill grain (gristmills), but the term is also extended to windpumps, wind turbines, and other applications, in some parts of the English speaking world. The term wind engine is sometimes used to describe such devices. Windmills were used throughout the High Middle Ages, high medieval and early modern periods; the horizontal or panemone windmill first appeared in Persia during the 9th century, and the vertical windmill first appeared in northwestern Europe in the 12th century. Regarded as an icon of Culture of the Netherlands, Dutch culture, there are approximately 1,000 windmills in the Netherlands today. Forerunners Wind-powered machines may have been known earlier, but there is no clear evidence of windmills before the 9th century. Hero of Alexandria (Heron) in first-century Roman Egypt described what appears to be a ...
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Leech V Schweder
Leeches are segmented parasitic or predatory worms that comprise the subclass Hirudinea within the phylum Annelida. They are closely related to the oligochaetes, which include the earthworm, and like them have soft, muscular segmented bodies that can lengthen and contract. Both groups are hermaphrodites and have a clitellum, but leeches typically differ from the oligochaetes in having suckers at both ends and in having ring markings that do not correspond with their internal segmentation. The body is muscular and relatively solid, and the coelom, the spacious body cavity found in other annelids, is reduced to small channels. The majority of leeches live in freshwater habitats, while some species can be found in terrestrial or marine environments. The best-known species, such as the medicinal leech, ''Hirudo medicinalis'', are hematophagous, attaching themselves to a host with a sucker and feeding on blood, having first secreted the peptide hirudin to prevent the blood from c ...
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Bland V Moseley
Bland may refer to: things that taste like nothing Places *Bland, Missouri, a US city *Bland, Virginia, a US unincorporated community *Division of Bland, a former Australian Electoral Division *Bland Shire, a local government area in New South Wales, Australia *Bland County, Virginia, United States *Bland County, New South Wales, Australia People * Bland (surname) *Bland baronets *Bland Ballard, an 18th-century soldier from Kentucky Other uses *Bland diet A bland diet is a diet consisting of foods that are generally soft, low in dietary fiber, cooked rather than raw, and not spicy. It is an eating plan that emphasizes foods that are easy to digest. Fried and fatty foods, strong cheeses, whole g ...
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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 ...
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Dalton V Angus
Dalton may refer to: Science * Dalton (crater), a lunar crater * Dalton (program), chemistry software * Dalton (unit) (Da), the atomic mass unit * John Dalton, chemist, physicist and meteorologist Entertainment * Dalton (Buffyverse), minor character from ''Buffy the Vampire Slayer'' television series * Dalton (band), Danish musical band * Dalton (Chrono Trigger), non-playable main character in ''Chrono Trigger'' * The Dalton Brothers (band), a parodistic country band created by U2 * The Daltons (''Lucky Luke''), fictional outlaws in ''Lucky Luke'' comic book series * Dalton Academy, a fictional school in the TV series ''Glee'' * Dalton Russell, character played by Clive Owen in 2006 film ''Inside Man'' * ''The Daltons'' (2010 TV series), a French animated TV series Places United Kingdom * Dalton-le-Dale, County Durham, England * Dalton-in-Furness, Cumbria (historically in Lancashire), England * Dalton, Cumbria, near Burton-in-Kendal (historically in Lancashire), England * Da ...
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