''Hair v Gillman'' (2000) 80 P&CR 108 is an
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 ...
case, concerning creation of
easements.
Facts
Ms Gillman had taken a seven-year lease of a school built in the back yard of a three-storey building that had a forecourt by the street. It was leased by a third party. The school's lease (and underlying freehold) had a right of way by the building in front of it, but no express right of way over the forecourt in front of that. The building was leased to accountants for 21 years from 1977, and the freehold was bought by Mr Hair in 1985. Gillman claimed that she had been given permission to park her car in the forecourt, and this crystallised into an easement under
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 moderni ...
, section 62(1) when acting for the school she entered into the lease. Hair before the action denied Gillman the parking space he had earlier allowed on unstated terms. He sought a declaration Gillman would have no such continuing right related to her school.
Judgment
Judge LJ sitting alone in the High Court held the permission was capable of being an easement, but Law of Property Act 1925, section 62(1) did not apply because here the use was "never intended to be on a permanent basis". Gillman appealed.
Held: that the right, even though precarious, was capable of falling under Law of Property Act 1925, section 62(1): ''
Wright v Macadam
Wright is an occupational surname originating in England. The term 'Wright' comes from the circa 700 AD Old English word 'wryhta' or 'wyrhta', meaning worker or shaper of wood. Later it became any occupational worker (for example, a shipwright is ...
''
949
Year 949 ( CMXLIX) was a common year starting on Monday (link will display the full calendar) of the Julian calendar.
Events
By place
Byzantine Empire
* Arab-Byzantine War: Hamdanid forces under Sayf al-Dawla raid into the theme of Ly ...
2 KB 744. The forecourt use was not temporary as it was not to end at a certain date. It was not secure either, and could have been withdrawn at any time, but it was nevertheless protected now.
See also
*
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 ...
*
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 ...
References
{{reflist, 2
English land case law
2000 in British law
2000 in case law
Court of Appeal (England and Wales) cases