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Pascoe V Turner
''Pascoe v Turner'' 9791 WLR 431 is an English land law case, a case of proprietary estoppel. Facts The husband, was a fairly successful man of commerce and at all material times was and had been building up some capital assets which he invested in purchases of private and commercial property. After 10 years living in a house registered in his name with his wife, he left for a mistress. Soon he offered marriage, which she declined. They found a house in 1965 which he bought and he thereafter clearly assured her it would be hers. On the back of this she redecorated, buying carpets and curtains, improved and repaired, but there was never any written agreement or conveyance. Work she carried out and/or paid for: #Partly replumbing house, providing hot water from immersion system to kitchen and installing new sink unit and other fitments. Installing gas into the kitchen. #Joining outside toilet to rear door of premises by a blockwork-covered way. #Installing gas conduits and installin ...
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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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Proprietary Estoppel
Proprietary estoppel is a legal claim, especially connected to English land law, which may arise in relation to rights to use the property of the owner, and may even be effective in connection with disputed transfers of ownership. Proprietary estoppel transfers rights if *someone is given a clear assurance that they will acquire a right over property, *they reasonably rely on the assurance, *they act substantially to their detriment on the strength of the assurance, and *it would be unconscionable to go back on the assurance. If these elements of assurance, reliance and detriment, and unconscionability are present, the usual remedy will be that the property will be transferred to the claimant, if the court views the reliance to warrant a claim in all the circumstances. History In 1862, in '' Dillwyn v Llewelyn'', a son was held to have acquired a house from his father because he was given a written notice that he would, despite never having completed a deed for conveyance, after ...
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Dillwyn V Llewelyn
''Dillwyn v Llewelyn'' 862is an 'English' land, probate and contract law case which established an example of proprietary estoppel at the testator's wish overturning his last Will and Testament; the case concerned land in Wales demonstrating the united jurisdiction of England and Wales. The sole appellate judge, the Lord Chancellor of England and Wales held: "by virtue of the original gift made by the testator and of the subsequent expenditure by the Plaintiff with the approbation pprovalof the testator, and of the right and obligation resulting therefrom, the Plaintiff is entitled to have a conveyance." Facts In 1847 the parties' father (Lewis Weston Dillwyn of Sketty Hall) earlier bequeathed his lands on trust to his widow for life and with a complex remainder so that his younger son, the "plaintiff", would inherit absolutely if he obtained 21 years of age; otherwise charged with annuities (equity partly-released) for certain daughters and thereafter to the defendant (and his ...
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Crabb V Arun DC
''Crabb v Arun District Council'' contract case concerning "proprietary estoppel". Lord Denning MR affirmed that where agreements concern the acquisition of rights over land, there is no need for both parties to provide a consideration for upholding the bargain. While promissory estoppel cannot found a cause of action it was held that in the peculiar situation of land, consideration is not necessary at all. Facts In 1965 Mr Victor Crabb bought 2 acres of land in the sea-side village of Pagham, near Bognor Regis. His boundary onto  acres to the west, demarcated by publicly owned Mill Park Road, belonged to Arun District Council (ADC) (formerly Chichester Rural District Council). His north boundary faced Hook Lane. He thought he enjoyed two access points on Mill Park Road, which led up to Hook Lane, and out of the village, point "A" and point "B". The access point "A" was open by virtue of a formalised easement, granted when the previous owner of the whole  acres h ...
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English Trusts Law
English trust law concerns the protection of assets, usually when they are held by one party for another's benefit. Trusts were a creation of the English law of property and obligations, and share a subsequent history with countries across the Commonwealth and the United States. Trusts developed when claimants in property disputes were dissatisfied with the common law courts and petitioned the King for a just and equitable result. On the King's behalf, the Lord Chancellor developed a parallel justice system in the Court of Chancery, commonly referred as equity. Historically, trusts have mostly been used where people have left money in a will, or created family settlements, charities, or some types of business venture. After the Judicature Act 1873, England's courts of equity and common law were merged, and equitable principles took precedence. Today, trusts play an important role in financial investment, especially in unit trusts and in pension trusts (where trustees and fun ...
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English Property Law
English property law refers to the law of acquisition, sharing and protection of valuable assets in England and Wales. While part of the United Kingdom, many elements of Scots property law are different. In England, property law encompasses four main topics: *English land law, or the law of "real property" *English trusts law * English personal property law *United Kingdom intellectual property law Property in land is the domain of the law of real property. The law of personal property is particularly important for commercial law and insolvency. Trusts affect everything in English property law. Intellectual property is also an important branch of the law of property. For unregistered land see Unregistered land in English law. Real property *Statute of Quia Emptores 1290 *'' R v Earl of Northumberland'' (1568), known as the ''Case of mines'' *Law of Property Act 1925, Land Registration Act 1925 (see also, Land Registration Act 1862) *Land Registration Act 2002 and HM Land Re ...
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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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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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