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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] |
