Spencer's Case
| Jurisdiction | England & Wales |
| Date | 1583 |
| Year | 1583 |
| Court | Court of the Queen's Bench |
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34 cases
- Minister v New South Wales Aerated Water and Confectionery Company Ltd
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Jackson way Properties Ltd v Smith and Others
...inheres in the land that takes the benefit of it. It has been long held to be analogous to a negative easement, per Spencer's Case (1583) 5 Co. Rep 16a., London & South Western Railway v Gomm, (1882) 20 Ch D. 562 at p.583, Re Nisbet & Potts' Contract [1905] 1 Ch. 391 at p.397 and Reid v Bi......
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Smith and Another v Jafton Properties Ltd
...certain covenants contained in the contract by which the lease had been created. This was the result of the decision in Spencer'sCase (1583) 5 Co. Rep. 16a. In the traditional phrase the landlord was entitled to enforce against an assignee those obligations which "touched and concerned" the......
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Edlington Properties Ltd v J H Fenner and Company Ltd
... ... "7. At a case management conference on 16th August 2005 Master Yoxall ordered that [the following] questions be tried as preliminary issues. As amended by consent ... the rights of a transferee of the reversion to recover rent under the lease, goes back to 1540 in statute, and at least 1583, when the Spencers Case, 5 Co Rep 16a was decided, in common law. Secondly, while it is fair to say that the contractual character of a lease has tended to become ... ...
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7 books & journal articles
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Long Leases
...was authoritatively settled by Spencer’s Case 8 in 1583. Mr and Mrs 7 Anon (1534) Brook’s New Cases 74; 121 Selden Society 413. 8 (1583) 5 Co Rep 16a, 77 ER 72. Spencer granted a lease of some land and the lessee covenanted on behalf of himself and his assigns to build a brick wall on a par......
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Table of Cases
...v Denmark; Rasmussen v Denmark (52562/99 and 52620/99) (2008) 46 EHRR 29, 20 BHRC 258, [2006] 1 WLUK 85, EctHR 187 Spencer’s Case (1583) 5 Co Rep 16a, 77 ER 72, [1558–1774] All ER Rep 68, Ct of QB 5, 16, 72, 94–95, 107, 110, 129 Springett v Dashwood (1860) 2 Giff 521, 7 Jur NS 93, 66 ER 218......
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Enlargement of Long Terms
...not be enforced against a successor to the original lessee. 8 It was personal and the term 5 Expressio unius est exclusio alterius . 6 (1583) 5 Co Rep 16a, 77 ER 72. 7 [1988] UKHL 3, [1989] AC 632 at 642. 8 Spencer’s Case (1583) 5 Co Rep 16a, 77 ER 72 second principle; Doughty v Bowman (184......
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Tenure and Customary Rights
...Quo Warranto 1290 fixing the date of claims to unwritten franchises and Magna Carta 1297 limiting claims to put rivers in defence. 11 (1583) 5 Co Rep 16a, 77 ER 72. 130 Positive Covenants and Freehold Land enfeoffed the vassal who swore fealty and did homage. Long before 1583 feoffment had ......
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