Re Ellenborough Park
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Re Ellenborough Park
was an English land law case which reformulated the tests for an easement (the scope of the law of easements). It found an easement to use a communal garden to be a valid easement in law. There is no requirement for all of the houses to be immediately next to the garden to benefit from it. Facts Ellenborough Park is a park in Weston-super-Mare (split by a minor road, not considered by either side, nor the courts consequential). The larger park was owned in 1855 by two tenants in common who sold off outlying parts for the building of houses, and granted rights in the purchase/sale deeds to the house owners (and expressly to their successors in title) to enjoy the parkland which remained.The court-approved transcript
at bailii.org
The land was enjoyed freely until 1955, when
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Raymond Evershed, 1st Baron Evershed
Francis Raymond Evershed, 1st Baron Evershed, PC (8 August 1899 – 3 October 1966) was a British judge who served as Master of the Rolls, and subsequently became a Law Lord. Background and education Evershed was the son of Frank Evershed, a brewer and sportsman, and his wife Florence Helen, daughter of Thomas Lowe. He was educated at Clifton College and Balliol College, Oxford. During the First World War he was a Second Lieutenant in the Royal Engineers. In January 1923, he was called to the bar by Lincoln's Inn. He then practiced at the Chancery bar. Legal and judicial career Evershed was made a K.C. in 1933 and a Bencher of Lincoln's Inn in 1938. He became a High Court Judge in 1944 when he was knighted, and Lord Justice of Appeal in 1947, when he was also made a Privy Counsellor. Between 1949 and 1962, he was Master of the Rolls and served as the U.K. Member of the Permanent Court of Arbitration at The Hague in 1950. He was raised to the peerage as Baron Evershed, of Sta ...
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Baron Bramwell
Baron is a rank of nobility or title of honour, often hereditary, in various European countries, either current or historical. The female equivalent is baroness. Typically, the title denotes an aristocrat who ranks higher than a lord or knight, but lower than a viscount or count. Often, barons hold their fief – their lands and income – directly from the monarch. Barons are less often the vassals of other nobles. In many kingdoms, they were entitled to wear a smaller form of a crown called a ''coronet''. The term originates from the Latin term , via Old French. The use of the title ''baron'' came to England via the Norman Conquest of 1066, then the Normans brought the title to Scotland and Italy. It later spread to Scandinavia and Slavic lands. Etymology The word ''baron'' comes from the Old French , from a Late Latin "man; servant, soldier, mercenary" (so used in Salic law; Alemannic law has in the same sense). The scholar Isidore of Seville in the 7th century thoug ...
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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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English Property 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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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 ...
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Francis Bacon
Francis Bacon, 1st Viscount St Alban (; 22 January 1561 – 9 April 1626), also known as Lord Verulam, was an English philosopher and statesman who served as Attorney General and Lord Chancellor of England. Bacon led the advancement of both natural philosophy and the scientific method and his works remained influential even in the late stages of the Scientific Revolution. Bacon has been called the father of empiricism. He argued for the possibility of scientific knowledge based only upon inductive reasoning and careful observation of events in nature. He believed that science could be achieved by the use of a sceptical and methodical approach whereby scientists aim to avoid misleading themselves. Although his most specific proposals about such a method, the Baconian method, did not have long-lasting influence, the general idea of the importance and possibility of a sceptical methodology makes Bacon one of the later founders of the scientific method. His portion of the method ...
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Lord Eldon
Earl of Eldon, in the County Palatine of Durham, is a title in the Peerage of the United Kingdom. It was created in 1821 for the lawyer and politician John Scott, 1st Baron Eldon, Lord Chancellor from 1801 to 1806 and again from 1807 to 1827. He had already been created Baron Eldon, of Eldon in the County Palatine of Durham, in the Peerage of Great Britain in 1799, and was made Viscount Encombe, of Encombe in the County of Dorset, at the same time was given the earldom. His grandson, the second Earl, briefly represented Truro in the House of Commons. the titles are held by the latter's great-great-great-grandson, the sixth Earl, who succeeded his father in 2017. William Scott, 1st Baron Stowell, was the elder brother of the first Earl of Eldon. The Hon. Sir Ernest Scott, second son of the third Earl, was Envoy Extraordinary and Minister Plenipotentiary to Hungary. The family seat was, until the 20th century, Encombe Park, near Kingston in Dorset. Earls of Eldon (1821) * ...
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Jus Spatiandi
Jus may refer to: Law * Jus (law), the Latin word for law or right * Jus (canon law), a rule within the Roman Catholic Church People * Juš Kozak (1892–1964), Slovenian writer * Juš Milčinski, Slovenian theatre improviser * Justin Jus Oborn (born 1971), British lead guitarist and songwriter of the band Electric Wizard Other uses * Jus Reservoir, in Malacca, Malaysia * Japan-US (cable system), a submarine telecommunications cable * Jupiter Upper Stage, a proposed American rocket stage * Yus or jus, a letter in the Cyrillic alphabet * abbreviation for jussive mood, a grammatical mood * JUS, IATA code for USA Jet Airlines, an American cargo airline * jus, ISO 639-3 code for the Jumla Sign Language See also * Au jus ('with juice'), a culinary term referring to sauce served with meat * IUS (other) * Juss (other) *Juice Juice is a drink made from the extraction or Cold-pressed juice, pressing of the natural liquid contained in fruit and vegetables. It ...
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Dempster V Cleghorn
Dempster may refer to: * Dempster (surname), a surname * Dempster Woodworth, Wisconsin state senator and physician * Dempster (deemster) – an official at pre-1746 baronial courts' moot hills in Scotland. * Dempster, South Dakota * Dempster Land District, Western Australia * Dempster Highway, a Canadian roadway, in the Yukon and Northwest Territories * Dempster Street, a major east–west artery north of Chicago, Illinois, part of which is part of U.S. Route 14 ** Dempster (CTA Purple Line station), a Chicago Transit Authority rapid transit station in Evanston, Illinois ** Dempster-Skokie (CTA station), a Chicago Transit Authority rapid transit station in Skokie, Illinois ** Dempster Street station (C&NW), a former commuter rail station in Evanston, Illinois * Dempster Brothers, Inc., a Tennessee industrial firm ** Dempster Dumpmaster, a garbage-handling vehicle manufactured by the company ** Dempster Dumpster, a waste receptacle manufactured by the company * Dempster's brand bread ...
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Dyce V Hay
Dyce ( gd, Deis) is a suburb of Aberdeen, Scotland, situated on the River Don about northwest of the city centre. It is best known as the location of Aberdeen Airport. History Dyce is the site of an early medieval church dedicated to the 8th century missionary and bishop Saint Fergus, otherwise associated with Glamis, Angus. Today the cemetery, north of the airport, and overlooking the River Don, hosts the roofless but otherwise virtually complete former St Fergus Chapel, within which Pictish and early Christian stones from the 7th–9th centuries, found in or around the churchyard, are displayed (Historic Scotland; open at all times without entrance charge). The Chapel is a unicameral late medieval building with alterations perhaps of the 17th or 18th century. Two further carved stones, of uncertain (though probably early) character, were discovered re-used as building rubble in the inner east gable and outer south wall during the chapel's restoration. They were left ''in ...
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Solomon V Vintners Co
Solomon (; , ),, ; ar, سُلَيْمَان, ', , ; el, Σολομών, ; la, Salomon also called Jedidiah ( Hebrew: , Modern: , Tiberian: ''Yăḏīḏăyāh'', "beloved of Yah"), was a monarch of ancient Israel and the son and successor of David, according to the Hebrew Bible and the Old Testament. He is described as having been the penultimate ruler of an amalgamated Israel and Judah. The hypothesized dates of Solomon's reign are 970–931 BCE. After his death, his son and successor Rehoboam would adopt harsh policy towards the northern tribes, eventually leading to the splitting of the Israelites between the Kingdom of Israel in the north and the Kingdom of Judah in the south. Following the split, his patrilineal descendants ruled over Judah alone. The Bible says Solomon built the First Temple in Jerusalem, dedicating the temple to Yahweh, or God in Judaism. Solomon is portrayed as wealthy, wise and powerful, and as one of the 48 Jewish prophets. He is also the s ...
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