''Walsh v Lonsdale'' (1882) 21 Ch D 9 is an
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 ...
case about the effect of the
Judicature Acts
In the history of the courts of England and Wales, the Judicature Acts were a series of Acts of Parliament, beginning in the 1870s, which aimed to fuse the hitherto split system of courts of England and Wales. The first two Acts were the Supre ...
. It is the authority for the equitable maxim that "Equity regards as done that which ought to be done". It created the doctrine of anticipation, whereby a specifically performable agreement to create or transfer a property right will be good in equity, even if not finally effective at law.
Facts of the case
Mr Lonsdale agreed to lease Mr Walsh a mill for seven years. Rent varied with the number of looms being operated, but there was a minimum dead rent paid yearly in advance on demand. The lease was not in fact granted by
deed
In common law, a deed is any legal instrument in writing which passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in some jurisdictions, sealed. It is commonly associated with transferring ...
(as was required for leases over three years), yet Mr Walsh moved in and began paying rent quarterly. Mr Lonsdale demanded payment in advance and levied distress for non payment of rent. If the terms of the agreement were enforceable, then Mr Lonsdale had acted lawfully.
Judgment
The Court of Appeal held that as it now had jurisdiction to apply equitable principle, it would regard that as done which ought to be done, and so the lease had been effective in absence of the formality. Lord Jessel MR said the following.
[(1882) 21 Ch D 9, 14-15]
Significance
The ''Walsh v Lonsdale'' principle is now embodied in the recognition by the courts of the equitable lease.
See also
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Maxims of equity
Maxims of equity are legal maxims that serve as a set of general principles or rules which are said to govern the way in which equity operates. They tend to illustrate the qualities of equity, in contrast to the common law, as a more flexible, re ...
Notes
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References
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English property case law
1882 in British law
1882 in case law
Court of Appeal (England and Wales) cases