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Tulk V Moxhay
Tulk v Moxhay is a landmark English land law case that decided that in certain cases a restrictive covenant can "run with the land" (i.e. a future owner will be subject to the restriction) in equity. It is the reason Leicester Square exists today. On the face of it disavowing that covenants can "run with the land" so as to avoid the strict common law former definition of "running with the land", the case has been explained by the Supreme Court of Canada, in 1950 as "Covenants enforceable under the rule of ''Tulk v Moxhay'', are properly conceived as running with the land in equity" which summarises how the case has been interpreted and applied in decisions across common law jurisdictions. Facts In 1808, Charles Augustus Tulk, the owner of several parcels of land in Leicester Square,'Leicester Square Area: Leicester Estate', ''Survey of London: volumes 33 and 34: St Anne Soho'' (1966), pp. 416-440. URL: http://www.british-history.ac.uk/report.aspx?compid=41119 Date accessed: 23 Fe ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
English Reports
The English Reports is a collection of judgments of the higher English courts between 1220 and 1866. Overview The reports are a selection of most nominate reports of judgments of the higher English courts between 1220 and 1866.Glanville Williams, Learning the Law, 11th Edition, 1982, Stevens, p.34; 13th Edition, 2006, Sweet and Maxwell, p.36 They reproduce many reports not from their original editions but from dependable, although not always verbatim, later editions and give a nominate report citation. It was published in 178 volumes gradually from 1900 to 1932 by Stevens & Sons in London and by William Green & Sons in Edinburgh. Citation of these reports For citation in most Commonwealth countries it is cited in written form as ''E.R.'', as in ''Planché'' v. ''Colburn'' (1831) 131 E.R. 305. Sometimes the original nominate report citation is also used in parallel. The compendium is sometimes cited in U.S. courts, where it is normally cited by using the original nominate repor ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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] |
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] |
1848 In British Law
1848 is historically famous for the wave of revolutions, a series of widespread struggles for more liberal governments, which broke out from Brazil to Hungary; although most failed in their immediate aims, they significantly altered the political and philosophical landscape and had major ramifications throughout the rest of the century. Ereignisblatt aus den revolutionären Märztagen 18.-19. März 1848 mit einer Barrikadenszene aus der Breiten Strasse, Berlin 01.jpg, Cheering revolutionaries in Berlin, on March 19, 1848, with the new flag of Germany Lar9 philippo 001z.jpg, French Revolution of 1848: Republican riots forced King Louis-Philippe to abdicate Zeitgenössige Lithografie der Nationalversammlung in der Paulskirche.jpg, German National Assembly's meeting in St. Paul's Church Pákozdi csata.jpg, Battle of Pákozd in the Hungarian Revolution of 1848 Events January–March * January 3 – Joseph Jenkins Roberts is sworn in, as the first president of the ind ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1848 In Case Law
1848 is historically famous for the wave of revolutions, a series of widespread struggles for more liberal governments, which broke out from Brazil to Hungary; although most failed in their immediate aims, they significantly altered the political and philosophical landscape and had major ramifications throughout the rest of the century. Ereignisblatt aus den revolutionären Märztagen 18.-19. März 1848 mit einer Barrikadenszene aus der Breiten Strasse, Berlin 01.jpg, Cheering revolutionaries in Berlin, on March 19, 1848, with the new flag of Germany Lar9 philippo 001z.jpg, French Revolution of 1848: Republican riots forced King Louis-Philippe to abdicate Zeitgenössige Lithografie der Nationalversammlung in der Paulskirche.jpg, German National Assembly's meeting in St. Paul's Church Pákozdi csata.jpg, Battle of Pákozd in the Hungarian Revolution of 1848 Events January–March * January 3 – Joseph Jenkins Roberts is sworn in, as the first president of the inde ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Westminster City Council V Duke Of Westminster
''Westminster City Council v Duke of Westminster'' was a case between Westminster City Council and the 6th Duke of Westminster (and fellow family trust co-trustees) heard in November 1990. The dispute concerned 532 flats in Page Street, Vincent Street and Regency Street, Pimlico, London. These had been designed by architect Sir Edwin Lutyens and erected between 1928 and 1930 for the 2nd Duke and the other family trustees. In 1937 the trustees leased them (for a peppercorn rent of 1 shilling) to the council on a 999-year lease containing the stipulation that they be used only as "dwellings for the working classes... and no other purpose." In 1990 the Council argued that the term "working class" was now meaningless and that the stipulation should be overturned, allowing them to sell the leaseholds of the flats to anyone, against the Duke's wishes. The Duke maintained that the properties should remain available as low-rent accommodation for those who could not afford to purchase lo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Estates Gazette
''EG (formerly Estates Gazette)'' is an established provider of data, news and analytics for the UK commercial property market. It was first published in 1858 and celebrated its 150th anniversary in 2008. In March 2008, ''Estates Gazette'' was announced as one of the top 500 "Business Superbrands" in the UK. In 1996, ''Estates Gazette'' launched its own online property news and research arm, EGi. In 1997, the group launched Propertylink, the UK's largest free-access commercial property availability search website. EG is part of a portfolio of brands that belongs to LexisNexis Risk Solutions LexisNexis Risk Solutions is a global data and analytics company that provides data and technology services, analytics, predictive insights and fraud prevention for a wide range of industries. It is headquartered in Alpharetta, Georgia (part of .... The publication hosts its own "EG Awards" annually, the show being held in London each year. References 1858 establishments in t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
All England Reports
All or ALL may refer to: Language * All, an indefinite pronoun in English * All, one of the English determiners * Allar language (ISO 639-3 code) * Allative case (abbreviated ALL) Music * All (band), an American punk rock band * ''All'' (All album), 1999 * ''All'' (Descendents album) or the title song, 1987 * ''All'' (Horace Silver album) or the title song, 1972 * ''All'' (Yann Tiersen album), 2019 * "All" (song), by Patricia Bredin, representing the UK at Eurovision 1957 * "All (I Ever Want)", a song by Alexander Klaws, 2005 * "All", a song by Collective Soul from ''Hints Allegations and Things Left Unsaid'', 1994 Science and mathematics * ALL (complexity), the class of all decision problems in computability and complexity theory * Acute lymphoblastic leukemia * Anterolateral ligament Sports * American Lacrosse League * Arena Lacrosse League, Canada * Australian Lacrosse League Other uses * All, Missouri, a community in the United States * All, a brand of Sun Products * A ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Weekly Law Reports
The Incorporated Council of Law Reporting for England and Wales (ICLR) is a registered charity based in London, England, that publishes law reports of English law. The company is widely recognised as a reputable producer of reports (and the only 'official' source), which are used by students, academics, journalists, lawyers and judges across the country. History The ICLR was founded in 1865 by W. T. S. Daniel QC, and its first meeting took place on 25 February at Westminster Hall, then the home of the Court of King's Bench, the Court of Common Pleas and the Court of Chancery. The council was incorporated under the Companies Act 1862 in 1870. Largely working "as a private enterprise without state aid or interference," the council "was not intended to be profit-making except in so far as it was necessary to make it self-supporting." Working on this principle, the Council applied in 1966 for registration to become an official charity under section 4 of thCharities Act 1960 Upon reje ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Judicature Acts
In the history of the courts of England and Wales, the Judicature Acts were a series of Acts of Parliament, beginning in the 1870s, which aimed to fuse the hitherto split system of courts of England and Wales. The first two Acts were the Supreme Court of Judicature Act 1873 (36 & 37 Vict. c. 66) and the Supreme Court of Judicature Act 1875 (38 & 39 Vict. c. 77), with a further series of amending acts (12 in all by 1899). By the Act of 1873 (ss. 3, 4), the Court of Chancery, the Court of King's Bench (known as the Queen's Bench when there is a female Sovereign), the Court of Common Pleas, the Court of Exchequer, the High Court of Admiralty, the Court of Probate, and the Court of Divorce and Matrimonial Causes were consolidated into the Supreme Court of Judicature, subdivided into two courts: the "High Court of Justice" ("High Court"), with (broadly speaking) original jurisdiction, and the "Court of Appeal". Besides this restructuring, the objects of the act were threefold: *t ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Earl Of Oxford's Case
''Earl of Oxford's case'' (1615) 21 ER 485 is a foundational case for the common law world, that held equity (equitable principle) takes precedence over the common law. The Lord Chancellor held: "The Cause why there is Chancery is, for that Mens Actions are so divers and infinite, that it is impossible to make any general Law which may aptly meet with every particular Act, and not fail in some Circumstances." The judgment stresses that the legal position for chancery (equity) is tempered to dealing with voids ( lacunae) in the common law, a principle regularly asserted in the courts of appeal i.e. "equity follows the law", one of the maxims of equity which taken together impose many limits on the eligibility of cases and applicants. The King decreed on the advice of the Attorneys General that if there was a conflict between the common law and equity, equity would prevail. Equity's primacy in England was later enshrined in the Judicature Acts in 1873 and 1875, which also served to ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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