Tupper case, wherein the Basingstoke Canal owners extended exclusive rights to the plaintiff to hire boats that would be used for recreational purposes. This business of the plaintiff was jeopardized by the defendant who commenced to compete with him. Instead of filing a breach of contract against the owners of the Basingstoke Canal, the plaintiff, filed a case against the defendant pleading that the defendant was liable in nuisance to him.
The Court of the Exchequer, which was hearing this case, expressed its lack of competency to generate, rights that were unrelated to the enjoyment of land and appropriate them to the land with the objective of forming a property in the grantee. However, the plaintiff did possess property that adjoined it. The reason for such a decision can be construed to be that the court was disinclined to permit a commercial benefit to be construed as an easement.
This tendency of the courts is clearly established in the case of Moody v. Thus the easement and the manner in which the land had been occupied were intimately connected.
The court decided in the case of London and Blenheim Estates V Ladbrokeretail Parks that a tenement that was dominant had to be adequately identified as such and that it must be sufficiently described so as to render the easement binding on the servient tenement.
The appellate court held that it was inadequate to merely grant the right to nominate unspecified land as constituting a dominant tenement in respect of an easement, in order to generate an interest in the land that would serve to bind successors in title to the servient tenement. The sum and substance of this statement is that a number of rights can be created that are governed by contract. Further, it is permissible for a leasehold tenant or a fee simple owner to grant easements. However, a tenant can do so only during the pendency of the lease.
If these requirements are not fulfilled, then there is no easement, despite the possible existence of a restrictive covenant, license or lease. With the case of Hill v. Tupper it became evident that an easement must accommodate the dominant tenement. For an easement to be valid, it has to necessarily bestow some benefit on the land, rather than on the owner. In the Hill case the servient tenement was a waterway and lease granted to the claimant was in respect of some land that adjoined this canal.
In addition, the claimant was exclusively permitted to make available pleasure luxury boats on this canal. The court however, held that the conduct of business on the servient tenement was insufficient to bestow an easement on the claimant and that it constituted nothing more than a license.
Moreover, the court held that the claimant was making a blatant claim to ensure a commercial monopoly. Furthermore, the court decided that no easement could specify the exclusive use of a servient tenement in order to exclude other reasonable users. I have no idea how to structure a problem question answer at all for Land Law.
In early Fred purchased and was registered as sole proprietor of Ferndown House. Last month Fred sold Ferndown House to Jack. Follow 2 If nothing, that is the end of the story as she has no right to stay. If it has, that is the end of the story as she no longer has a right to protect. If it does, what is the basic effect of that section? You will need to look in Sch 3 and apply the cases you know.
Follow 3 Fafali Follow 0 followers 0 badges Send a private message to Fafali. Follow 4 Pls help me answer this easy question: Critically assess the enforcement rules applying to registered titles. Follow 5 Hey Jessica, I was wondering how you did in your essay and what answers you came up with as I am now having issues with a similar problem question? Land law Registration problem question Land law question on options to purchase registered land?
It is a general principle of English law that, while the benefit of a contract can be assigned to a third party, the burden of a contract cannot. In the law of Critically examine the new law on land registration. What are the principal differences to the Land Registration Act ?
Will the new law achieve the aims of its progenitors? In considering how to write this essay it came to mind that there were two ways in which to interpret the above question.
One interpretation would be that in order to answer October, Date submitted: To what extent is it possible to predict the circumstances in which a plea of proprietary estoppel will be successful and the consequences thereof for the person against whom the estoppel operates? The exact purpose or role of proprietary estoppel is a matter of some debate. On the one hand, and in similar fashion to the related doctrine of promissory estoppel, proprietary estoppel can November, Date submitted: January 27, Coursework ID: Analyse the methods by which legal and equitable mortgages might be created since What was the purpose of the reforms?
All land has an economic value, and a mortgage is one of the most effective ways by which an owner may realise it. Although today the mortgage is most commonly employed to May 20, Coursework ID: Often, it is pleaded as
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Land Law Essay The statement ‘Cuiusestsolemeiususque ad coelum ad inferos’ (‘Whose is the soil; his is also that which is up to the sky and down to the depths of the earth’) is inaccurate and gives a misleading indication of the rights of the owner of the fee simple absolute in annaleonbuenosaires.tks. Introduction: Land has [ ]. Hi I am curently studying a degree level of law - subject of this assignment, land law and need pointing in the right direction. In May , John co.