Wong V Beaumont Property Trust Ltd
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Wong V Beaumont Property Trust Ltd
''Wong v Beaumont Property Trust Ltd'' 9651 QB 173 is an English land law case, concerning easements. Facts Mr Wong leased a basement for his Chinese restaurant, Chopstick, 83 and 84 Queen Street, Exeter. The lease said he should control all smells, comply with health regulations and not cause nuisance to the landlord or other occupiers. The vent was inadequate, a larger flue needed. The landlord objected. Judgment Lord Denning MR held that an easement could be implied so Mr Wong could comply with his obligations under the lease. He cited '' Pwllbach Colliery Co Ltd v Woodman'' on common intentions and said, ‘That is the principle which underlies all easements of necessity.’9651 QB 173, 180 See also *English land law *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 ac ...
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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
An easement is a nonpossessory right to use and/or enter onto the real property of another without possessing it. It is "best typified in the right of way which one landowner, A, may enjoy over the land of another, B". An easement is a property right and type of incorporeal property in itself at common law in most jurisdictions. An easement is similar to real covenants and equitable servitudes. In the United States, the Restatement (Third) of Property takes steps to merge these concepts as servitudes. Easements are helpful for providing access across two or more pieces of property, allowing individuals to access other properties or a resource, for example to fish in a privately owned pond or to have access to a public beach. The rights of an easement holder vary substantially among jurisdictions. Types Historically, common law courts would enforce only four types of easement: * Right-of-way (easements of way) * Easements of support (pertaining to excavations) * Easement ...
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Exeter
Exeter () is a city in Devon, South West England. It is situated on the River Exe, approximately northeast of Plymouth and southwest of Bristol. In Roman Britain, Exeter was established as the base of Legio II Augusta under the personal command of Vespasian. Exeter became a religious centre in the Middle Ages. Exeter Cathedral, founded in the mid 11th century, became Anglican in the 16th-century English Reformation. Exeter became an affluent centre for the wool trade, although by the First World War the city was in decline. After the Second World War, much of the city centre was rebuilt and is now a centre for education, business and tourism in Devon and Cornwall. It is home to two of the constituent campuses of the University of Exeter: Streatham and St Luke's. The administrative area of Exeter has the status of a non-metropolitan district under the administration of the County Council. It is the county town of Devon and home to the headquarters of Devon County Council. A p ...
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Pwllbach Colliery Co Ltd V Woodman
''Pwllbach Colliery Co Ltd v Woodman'' 915AC 634 is an English land law case, concerning easements. Facts Pwllbach Colliery sublet land in Glamorganshire from a tinplate company, whose memorandum authorised mining to be carried on. A neighbouring butcher, Mr Woodman, had a later lease from the tinplate company too, but ‘subject to all rights and easements belonging to any adjoining and neighbouring property’. He built a slaughter house and a sausage factory. Then the colliery erected a screening apparatus which threw up coal dust. Mr Woodman brought an action for nuisance. The jury found there was a nuisance but the screening was reasonable and usual for the district, without negligence. Judgment House of Lords held the memorandum allowing carrying on the trade of mining did not authorise the nuisance, unless it could be proven that the trade could not otherwise be continued. There was no easement for making coal dust. Earl Loreburn said it was unnecessary to answer whether ...
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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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1965 In United Kingdom Case Law
Events January–February * January 14 – The Prime Minister of Northern Ireland and the Taoiseach of the Republic of Ireland meet for the first time in 43 years. * January 20 ** Lyndon B. Johnson is Second inauguration of Lyndon B. Johnson, sworn in for a full term as President of the United States. ** Indonesian President Sukarno announces the withdrawal of the Indonesian government from the United Nations. * January 30 – The Death and state funeral of Winston Churchill, state funeral of Sir Winston Churchill takes place in London with the largest assembly of dignitaries in the world until the 2005 funeral of Pope John Paul II. * February 4 – Trofim Lysenko is removed from his post as director of the Institute of Genetics at the Russian Academy of Sciences, Academy of Sciences in the Soviet Union. Lysenkoism, Lysenkoist theories are now treated as pseudoscience. * February 12 ** The African and Malagasy Republic, Malagasy Common Organization ('; OCA ...
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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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