Newcomen v Coulson
Jurisdiction | England & Wales |
Year | 1878 |
Date | 1878 |
Court | Court of Appeal |
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8 cases
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Mills and Another v Silver and Others
......See Newcomen v. Coulson 5 Ch.D. 133 . This is founded on the presumed intention of the grant. In the simplest case, if a general right of way is granted with ......
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Edwards v Kumarasamy
...as a headlessee and tenant of the right to use the common parts, to go on to the common parts to repair them, invoking the decision in Newcomen v Coulson (1877) 5 Ch D 133. I do not consider that to be a good point for two reasons. First, a right of way does not necessarily carry with it a ......
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Asot A. Michael Appellant v Astra Holdings Ltd Respondent [ECSC]
...the present case, the circumstances do not point to an intention to dedicate, as they point so clearly in Farquhar. 42 The decision inNewcomer v Coulson [1877] Ch. 133 was cited to us. However, it adds nothing to the principle regarding the need for persons who are competent to dedicate, or......
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Edwards v Kumarasamy
...in the case of the grant of a right of way the dominant owner is entitled to repair the way: Gale on Easements (19 th ed) para 1–91; Newcomen v Coulson (1877) 5 Ch D 133. The judge took the view that Mr Kumarasamy had no right to "take up or mend the path," but unfortunately no one drew thi......
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