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Negative Easements
''Phipps v Pears'' [1964] is an English land law case, concerning easements. The case concerns walls other than those governed by the Party Wall Act. Party walls are those which are touch or are shared or agreed to be party walls. The court held the law will not imply or invent a new form of negative easement to prevent a neighbour's wall being pulled down which offers some protection (and no special agreement or covenant is in place). Facts The wall of a newly built house, at number 16 Market Street, Warwick, was very close to the adjoining one, number 14, and was not rendered to make it weatherproof nor well-reinforced to make it strong against wind. The house at number 14 was demolished. This left the wall of number 16 exposed. Cracks soon appeared. Number 16's owner claimed damages against his neighbour for repairing the wall. He pled for the court to find a new kind of negative easement (which would, by extension from analogous types of easement) forbid the earlier, neighbo ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Master Of The Rolls
The Keeper or Master of the Rolls and Records of the Chancery of England, known as the Master of the Rolls, is the President of the Court of Appeal (England and Wales)#Civil Division, Civil Division of the Court of Appeal of England and Wales and Head of Civil Justice. As a judge, the Master of the Rolls is second in seniority in England and Wales only to the Lord Chief Justice of England and Wales, Lord Chief Justice. The position dates from at least 1286, although it is believed that the office probably existed earlier than that. The Master of the Rolls was initially a clerk responsible for keeping the "Rolls" or records of the Court of Chancery, and was known as the Keeper of the Rolls of Chancery. The Keeper was the most senior of the dozen Chancery clerks, and as such occasionally acted as keeper of the Great Seal of the Realm. The post evolved into a judicial one as the Court of Chancery did; the first reference to judicial duties dates from 1520. With the Supreme Court of ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
