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Wheeldon V Burrows
''Wheeldon v Burrows'' (1879) LR 12 Ch D 31 is an English land law case confirming and governing a means of the implied grant or grants of easements — the implied grant of all continuous and apparent inchoate easements (quasi easements, that is they would be easements if the land were not before transfer in unity of possession and title) to a transferree of part, unless expressly excluded. The case consolidated one of the three current methods by which an easement can be acquired by implied grant. It was little altered by subsequent case law by 1925 but has been further consolidated by section 62 of the Law of Property Act 1925. Both types of implied grant are widely excluded in agreements by sellers of part and to some extent other transferors of part, so that the retained land can be developed subject to general and local planning law constraints. Facts Mr Tetley owned a piece of land and a workshop in Derby, which had windows overlooking and receiving light from the ...
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Court Of Appeal
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 ordinaril ...
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Severance (land)
A severance can in law mean the act of severing a piece of land from a larger tract of land. The severed parcel of land becomes a separate lot (parcel). Second, it can refer to, in jurisdictions that have the form of co-ownership, the ending of a joint tenancy by act or event other than death. Third, it can be defined in a definitions clause or table in ways including the removal of a party from an agreement, or a permitted ending of the agreement (e.g. break clause) — in an employment contract/negotiations especially common as to severance pay and other terms of severance — or part of the agreement in which case it may be either capable of forming the heart of a new agreement, that is being superseded or instead varied to be non-binding (avoided) as to future conduct (see voidable contract) and the parties should ensure which meaning is meant in this third range of senses. Transfer of part In many jurisdictions, land use laws require that severances of land occur in ...
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Thesiger LJ
Alfred Henry Thesiger PC QC (15 July 1838 – 20 October 1880), styled The Hon. Alfred Thesiger from 1858 to 1877 and The Rt Hon. Lord Justice Thesiger from 1877, was a British lawyer and judge. Early life Thesiger was the third son of Lord Chancellor Frederic Thesiger, 1st Baron Chelmsford, by his wife Anna Maria (née Tinling). He played one first-class cricket match for the Marylebone Cricket Club in 1861. Career He was Attorney-General to the Prince of Wales and was appointed a Queen's Counsel in 1873. In 1877, at the age of 37, he was made a Lord Justice of Appeal and sworn of the Privy Council. In the summer of 1877 Thesiger, took on the Arbitration of Doctor Thomas Barnardo as his legal counsel at the behest of the Evangelical Lord Chancellor, Lord Cairns. (p. 105 ''"Slumming" Seth Koven'') Judgments *''The Household Fire and Carriage Accident Insurance Company (Limited) v Grant'' (1878–79) LR 4 Ex D 216 - English contract law concerning the "postal rule", and con ...
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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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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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Law Of Property Act 1925
The Law of Property Act 1925c 20 is a statute of the United Kingdom Parliament. It forms part of an interrelated programme of legislation introduced by Lord Chancellor Lord Birkenhead between 1922 and 1925. The programme was intended to modernise the English law of real property. The Act deals principally with the transfer of freehold or leasehold land by deed. The LPA 1925, as amended, provides the core of English land law, particularly as regards many aspects of freehold land which is itself an important consideration in all other types of interest in land. Background The keynote policy of the act was to reduce the number of legal estates to two – freehold and leasehold – and generally to make the transfer of interests in land easier for purchasers. Other policies were to regulate mortgages and as to leases, to regulate mainly their assignment, and to tackle some of the '' lacunae'', ambiguities and shortcomings in the law of property. Innovations included the default c ...
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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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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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1879 In British Law
Events January–March * January 1 – The Specie Resumption Act takes effect. The United States Note is valued the same as gold, for the first time since the American Civil War. * January 11 – The Anglo-Zulu War begins. * January 22 – Anglo-Zulu War – Battle of Isandlwana: A force of 1,200 British soldiers is wiped out by over 20,000 Zulu warriors. * January 23 – Anglo-Zulu War – Battle of Rorke's Drift: Following the previous day's defeat, a smaller British force of 140 successfully repels an attack by 4,000 Zulus. * February 3 – Mosley Street in Newcastle upon Tyne (England) becomes the world's first public highway to be lit by the electric incandescent light bulb invented by Joseph Swan. * February 8 – At a meeting of the Royal Canadian Institute, engineer and inventor Sandford Fleming first proposes the global adoption of standard time. * March 3 – United States Geological Survey is founded. * March 11 – Th ...
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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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