Newcomen v Coulson

JurisdictionEngland & Wales
CourtCourt of Appeal
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9 cases
  • Mills and Another v Silver and Others
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 6 de julho de 1990
    ......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 ......
  • Edwards v Kumarasamy
    • United Kingdom
    • Supreme Court
    • 13 de julho de 2016 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 ......
  • Asot A. Michael Appellant v Astra Holdings Ltd Respondent [ECSC]
    • Caribbean Community
    • Eastern Caribbean Supreme Court
    • 23 de maio de 2005
    ...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......
  • Edwards v Kumarasamy
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 28 de janeiro de 2015 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 on......
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