19. Prescription for Easements (and Profits)

2019 ◽  
pp. 581-610
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Common Law ◽  
Wide Range ◽  
Continuous User ◽  
Explanatory Text ◽  
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 rules common to all three forms of prescription; user ‘as of right’ (without force, without secrecy and without permission), presumed acquiescence, user must be continuous, user must be by or on behalf of a fee simple against a fee simple, and user must be against a servient owner capable of granting an easement; prescription at common law; prescription by lost modern grant; prescription under the Prescription Act 1832; prescriptive easements and profits as legal interests; and extinguishment of easements.

16. Tracing

2018 ◽  
Author(s):  
Richard Clements ◽  
Ademola Abass
Keyword(s):  
Common Law ◽  
Wide Range ◽  
Powerful Means ◽  
Bona Fide ◽  
Complete Series ◽  
Explanatory Text ◽  
Trust Property ◽  
Bank Accounts ◽  
Definition Of ◽  
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. Tracing is a powerful means of locating and then recovering trust property. Property may change hands, change into another form of property, be mixed with other property and even increase in value, and yet it can still be recovered, as long it is still identifiable. This chapter discusses the definition of tracing; common law tracing; equitable tracing; tracing against volunteers and bona fide purchasers for value; tracing into a mixed fund including bank accounts; and the principle that the wrongdoer spends his own money first.

6. The Crown and Royal Prerogative

2018 ◽  
Author(s):  
Lisa Webley ◽  
Harriet Samuels
Keyword(s):  
Common Law ◽  
The Political ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
Article 50 ◽  
The Uk ◽  
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. The royal prerogative is a special form of common law that may be exercised by the Crown, either through the Queen as monarch (her personal prerogative) or through the executive as Her Majesty’s government (the political prerogative). This chapter begins by tracing the history and development of the royal prerogative, and the role of the Crown in the exercise of these powers, and then addresses the division between prerogative powers that are personally exercised by the Queen and those that are exercised on her behalf by the political executive. Next, it turns to the respective roles of Parliament and the courts in the operation and development of prerogative powers, considering the relevance of those powers today and proposals for reform, in part, in the context of the case study on the use of the Royal prerogative to trigger article 50 and take the UK closer to leaving the EU.

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.

19. Prescription for Easements (and Profits)

2017 ◽  
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Common Law ◽  
Wide Range ◽  
Explanatory Text ◽  
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 rules common to all three forms of prescription; prescription at common law; prescription by lost modern grant; prescription under the Prescription Act 1832; prescriptive easements and profits as legal interests; and extinguishment of easements.

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.

7. Challenging EU action or inaction

2019 ◽  
pp. 312-355
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Member States ◽  
The Rule Of Law ◽  
Locus Standi ◽  
Wide Range ◽  
Complete Series ◽  
Explanatory Text ◽  
The Relationship ◽  
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 role of the Court of Justice in ensuring that the rule of law in the EU is observed both by Member States and EU Institutions. The chapter examines infringement actions under Article 258 TFEU, and financial penalties for Member States under Article 260 TFEU. The discussion of judicial review considers acts that may be challenged; who can bring an action under Article 263 TFEU; permissible applicants under Article 263 TFEU; non-privileged applicants; reforming the criteria for locus standi for non-privileged applicants. The chapter also explains the grounds for annulment; the effect of annulment; the plea of illegality; failure to act; and the relationship between Article 263 TFEU and Article 265 TFEU.

22. The Creation of Mortgages

2019 ◽  
pp. 677-690
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Wide Range ◽  
Explanatory Text ◽  
The Creation ◽  
Definition Of ◽  
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 mortgage creation. It covers the definition of a mortgage; form of a legal mortgage of a fee simple before 1926; equitable right to redeem; equity of redemption; mortgagor retaining possession; legal mortgages after 1925 where land is unregistered; legal mortgages of registered land; charge by way of legal mortgage; types of mortgages; mortgages of leases; equitable mortgage by deposit of deeds (unregistered land); equitable mortgage of registered title (deposit of land certificate); and legal and equitable mortgages after 1989.

21. Escaping from Restrictive Covenants

2019 ◽  
pp. 659-673
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Public Interest ◽  
Restrictive Covenants ◽  
Wide Range ◽  
Explanatory Text ◽  
The Law ◽  
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 various options available to developers whose plans are obstructed by restrictive covenants. It covers ignoring restrictive covenants; attempting to buy out the dominant owners; identifying who can enforce a restrictive covenant; obtaining a definitive list of dominant owners; modification or discharge of a covenant under s84(1) of the Law of Property Act 1925; grounds for discharge or modification of restrictive covenants (obsolete, obstructs some reasonable user of the land, practical benefit and public interest); and balancing interests of the parties.

18. Creation of Express and Implied Grant of Easements

2019 ◽  
pp. 558-580
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Wide Range ◽  
Explanatory Text ◽  
The Creation ◽  
The Law ◽  
Compulsory Purchase ◽  
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 rules on the creation of an easement. Topics covered include express grant of easements (and profits); express reservation of easements (and profits); implied grant of easements (and profits), which includes ways of necessity, intended easements, the rule in Wheeldon v Burrows and s62 of the Law of Property Act 1925; implied reservation of easements covering necessity and intended easements; exclusion of the rules providing for implied grant and reservation; compulsory purchase and the rules for implied grant; and simultaneous sales or bequests.

8. Co-Ownership of Land— the Basic Principles

2019 ◽  
pp. 205-258
Author(s):  
Barbara Bogusz ◽  
Roger Sexton
Keyword(s):  
Twentieth Century ◽  
Basic Principles ◽  
Early Twentieth Century ◽  
Wide Range ◽  
Explanatory Text ◽  
Ownership Of Land ◽  
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 basic principles of land co-ownership. It covers the two forms of co-ownership: joint tenancy and tenancy in common; the reform of co-ownership in 1925; joint tenancies in the early twentieth century; the current conveyancing practice to create an express trust; rules when there is no express declaration of a trust; resulting and constructive trusts; quantifying the beneficial interest under a constructive trust; severance of joint tenancies; and methods of severance.

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