Easement of Necessity in UK Law

  • Easements–‐The Right to Wander and to Picnic
    • Nbr. 18-6, November 1955
    • The Modern Law Review
    ...... was held that there was nothing objection- able to this on the grounds of variance, as the larger easement of necessity included the lesser. On this decision, Danckwerts J. comments: “ If the four judges comprising the court had thought ......
  • The Meaning of “Pek Incuriam”
    • Nbr. 18-6, November 1955
    • The Modern Law Review
    ...... existed the doubt whether in proving the larger easement the plaintiffs had proved the lesser. It was held that ... the grounds of variance, as the larger easement of necessity included the lesser. On this decision, Danckwerts J. ......
  • Notes of Cases
    • Nbr. 27-6, November 1964
    • The Modern Law Review
    ...... destruction was justifiable by the defence of necessity, available to the ordinary citizen, giving rise to no right ... C. DESCH. THE BASIS OF THE EASEMENT OF NECESSITY THE Court of Appeal decided in Wong v. Beaumont ......
  • Informal Transactions in Land, Estoppel and Registration
    • Nbr. 58-5, September 1995
    • The Modern Law Review
    ...... that the plaintiff was entitled to a right of way as an easement over the defendant’s land in accordance with the terms of the ... a beneficiary who, albeit in ignorance of the legal necessity, has failed to register. The present rule creates a standing ......
  • Law Reform and Occupier's Liability
    • Nbr. 19-2, March 1956
    • The Modern Law Review
    ...... that subsequently X sells Blackacre to Y, granting an easement over his own land to enable Y, his successors in title ... which will not be easy of definition).”1o The necessity for having due regard to the law of easements and to ......
  • NOTES OF CASES
    • Nbr. 30-5, September 1967
    • The Modern Law Review
    ...... this interpretation is that most strikes must of necessity involve a series of breaches of contract. Inasmuch as a ... right of way (which was, they said, an equitable easement) was not binding on them because it was not registered ......
  • Notes of Cases
    • Nbr. 34-2, March 1971
    • The Modern Law Review
    ...... But the necessity for particular steps to be taken does not deprive the ... section 62 (1) of the Law of Property Act 1925 all easements, rights and advantages appertaining or reputed to ......
  • Courts of Summary Jurisdiction
    • Nbr. 30-3, July 1966
    • Journal of Criminal Law, The
    ...... rights of the owner of the soil who has, subject to the easement, precisely the same estate in the soil as he had previously to the ... the magis- trate might have misdirected himself on the necessity for knowledge in a prosecution under regulation 3o f the Dan- ......
  • REVIEWS
    • Nbr. 12-1, January 1949
    • The Modern Law Review
    Book reviewed in this article: Justice and Administrative Law. By W. A. Robson. Second Edition. A Fragment on Government and An Introduction to the Principles of Morals and Legislation. By Jeremy B...
    ...... and that if the escape causes daiiiage there is no necessity to satisfy the further condition that the presence of ... Thus a legal easement may in some circumstances be an overriding interest (s. 70). ......
  • The thermonuclear revolution and the politics of imagination: realist radicalism in political theory and IR
    • Nbr. 32-3, September 2018
    • International Relations
    Both within political theory and International Relations (IR), recent scholarship has reflected on the nature and limits of political realism. In this article, we return to the thermonuclear revolu...
    ......17 Hence, within realism questions arise not so much about the necessity of dis- tance and critique as to the exact point at which distance becomes ... necessary (in terms of survival) though unfeasible without an easement of the superpower conflict that governed the Cold War . As Hans Morgenthau ......
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