17. The Essential Characteristics of Easements

2017 ◽  
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Subject Matter ◽  
Wide Range ◽  
Explanatory Text ◽  
The Subject ◽  
The Right ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the characteristics of an easement: there must be a dominant and a servient tenement; the easement must accommodate the dominant tenement; the easement must be owned or occupied by different people; and an easement must be capable of forming the subject matter of a grant. All four characteristics must exist for a right claimed to be an easement. If any one of those is missing then the right is not an easement.

17. The Essential Characteristics of Easements

2019 ◽  
pp. 535-557
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Subject Matter ◽  
Wide Range ◽  
Explanatory Text ◽  
The Subject ◽  
The Right ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the characteristics of an easement: there must be a dominant and a servient tenement; the easement must accommodate the dominant tenement; the easement must be owned or occupied by different people; and an easement must be capable of forming the subject matter of a grant. All four characteristics must exist for a right claimed to be an easement. If any one of those is missing, then the right is not an easement.

11. Free movement of persons

2019 ◽  
pp. 522-582
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Free Movement ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Free Movement Of Persons ◽  
The Right ◽  
Primary Materials ◽  
The Eu

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the scope of the right of the free movement of persons in the EU; the relevant Treaty provisions and secondary legislation provisions regarding the free movement of persons in the EU; the specific rights granted to workers and EU citizens under their general right of free movement; and limitations on the rights of free movement as provided for in primary and secondary legislation.

18. Procedural Impropriety

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Natural Justice ◽  
Legitimate Expectation ◽  
Legal Power ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
The Right ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. A public authority must have the legal power to act; if that power is conferred by statute, it may also specify the procedure that must be used prior to an action or a decision being taken. This is what is known as a ‘statutory procedure’, because it is specified in a statute. The statute may, for example, require the authority to give notice of its intention to take action in a certain way, to consult interested groups, or to tell individuals that they have the right to appeal from an adverse decision. If the authority does not comply, then this is a breach of the statutory procedure and may be reviewed as a procedural impropriety. This chapter discusses the judicial review of procedural impropriety. It covers the rules of natural justice; the right to be heard; legitimate expectation; the detailed requirements of natural justice; the rule against bias; and Article 6 of the European Convention on Human Rights.

20. Freehold Covenants

2017 ◽  
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Third Parties ◽  
Restrictive Covenants ◽  
Wide Range ◽  
Explanatory Text ◽  
The Law ◽  
The Difference ◽  
Concept Building ◽  
The Right ◽  
The Impact ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the difference between restrictive and positive covenants; the rules which govern the running of the burden of covenants; the rules regulating who initially has the right to enforce a covenant; the significance of s56 of the Law of Property Act 1925, and the impact of the Contracts (Rights of Third Parties) Act 1999; the rules regarding assignment of restrictive covenants; the concept ‘building scheme’; and whether a positive or restrictive covenant will pass to successors in title.

3. Trusts and powers and the three certainties

2018 ◽  
Author(s):  
Richard Clements ◽  
Ademola Abass
Keyword(s):  
Subject Matter ◽  
Wide Range ◽  
Different Types ◽  
Complete Series ◽  
Explanatory Text ◽  
Power Trust ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter on trusts and powers discusses the following: the different types of trust and powers; power (mere or bare or personal); fiduciary power; trust power (trust in default of appointment); discretionary trust (sometimes called a trust power or power in the form of a trust); the certainty of intention, certainty of subject matter, and certainty of objects; administrative unworkability; certainty of objects in conditional gifts; and the effects of absence of the three certainties.

20. Freehold Covenants

2019 ◽  
pp. 613-658
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Third Parties ◽  
Restrictive Covenants ◽  
Wide Range ◽  
Explanatory Text ◽  
The Law ◽  
The Difference ◽  
Concept Building ◽  
The Right ◽  
The Impact ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the difference between restrictive and positive covenants; the rules which govern the running of the burden of covenants; the rules regulating who initially has the right to enforce a covenant; the significance of s56 of the Law of Property Act 1925, and the impact of the Contracts (Rights of Third Parties) Act 1999; the rules regarding assignment of restrictive covenants; the concept ‘building scheme’; and whether a positive or restrictive covenant will pass to successors in title.

Complete Equity and Trusts

2018 ◽  
Author(s):  
Richard Clements ◽  
Ademola Abass
Keyword(s):  
Subject Matter ◽  
Common Law ◽  
Wide Range ◽  
Specific Performance ◽  
Different Types ◽  
Complete Series ◽  
Explanatory Text ◽  
The Common ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource.This book deals with the emergence of equity and how it differs from the common law. The trust concept is explained and the different types of trust that exist outlined. These include resulting, constructive, and charitable trusts. Trusts must obey certain basic rules such as legal formalities and the three certainties of intention, subject matter, and the need for a beneficiary. There are exceptions to these strict rules, such as proprietary estoppel and certain gifts made upon death, for example secret trusts and donatio mortis causa. The office of trustee is considered, including the methods of appointment; their powers of maintenance, advancement, variation, and investment; and the fiduciary nature of their office. Equitable remedies, such as injunctions, specific performance, and tracing are included. The use of constructive trusts in cohabitation disputes is analysed.

18. Procedural Impropriety

2021 ◽  
pp. 601-652
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Human Rights ◽  
European Convention ◽  
Natural Justice ◽  
Legitimate Expectation ◽  
Legal Power ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
The Right ◽  
Primary Materials

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. A public authority must have the legal power to act; if that power is conferred by statute, it may also specify the procedure that must be used prior to an action or a decision being taken. This is what is known as a ‘statutory procedure’ because it is specified in a statute. The statute may, for example, require the authority to give notice of its intention to take action in a certain way, to consult interested groups, or to tell individuals that they have the right to appeal from an adverse decision. If the authority does not comply, then this is a breach of the statutory procedure and may be reviewed as a procedural impropriety. This chapter discusses the judicial review of procedural impropriety. It covers the rules of natural justice; the right to be heard; legitimate expectation; the detailed requirements of natural justice; the rule against bias; and Article 6 of the European Convention on Human Rights.

11. Free movement of persons

2017 ◽  
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Free Movement ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Free Movement Of Persons ◽  
The Right ◽  
Primary Materials ◽  
The Eu

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the scope of the right of the free movement of persons in the EU; the relevant Treaty provisions and secondary legislation provisions regarding the free movement of persons in the EU; the specific rights granted to workers and EU citizens under their general right of free movement; and limitations on the rights of free movement as provided for in primary and secondary legislation.

Career Development Theory: An Integrated Analysis

2020 ◽  
Author(s):  
Julia Yates
Keyword(s):  
Career Choice ◽  
Subject Matter ◽  
Academic Disciplines ◽  
Development Theory ◽  
Integrated Analysis ◽  
Theoretical Frameworks ◽  
Wide Range ◽  
Comprehensive Picture ◽  
The Subject ◽  
Career Practice

Career theories are developed to help make sense of the complexity of career choice and development. The intricacy of the subject matter is such that career theories most often focus on one or two aspects of the phenomenon. As such, the challenges of integrating the theories with each other, and integrating them within career practice, are not insignificant. In this chapter, an overview of the theoretical landscape is offered that illustrates how the theories align with each other to build up a comprehensive picture of career choice and development. The chapter introduces a wide range of theoretical frameworks, spanning seven decades and numerous academic disciplines, and discusses the most well-known theorists alongside less familiar names. The chapter is structured around four concepts: identity, environment, career learning, and psychological career resources. Suggestions are offered for the incorporation of theories in career practice.

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