Swan v Sinclair
| Jurisdiction | England & Wales |
| Date | 1924 |
| Court | Court of Appeal |
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17 cases
- Low Yat Holdings Sdn Bhd and Another; Templeton and Others
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Odey v Barber
...abandoned. The non-user must be considered with, and may be explained by, the surrounding circumstances” per Sir Ernest Pollock MR. in Swan v Sinclair [1924] 1 Ch 254, 266 quoted by per Buckley LJ in Gotobed v. Pridmore (1971) EG 759, 760 and quoted with approval by Cumming-Bruce L.J. in Wi......
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Frontfield Investment Holding (Pte) Ltd v Management Corporation Strata Title No 938 and Others
...though it may be evidence of abandonment. So much is clear from the observations of several Judges in several cases. In Swan v Sinclair [1924] 1 Ch 254, at p. 266, Pollock, MR said: "Non-user is not by itself conclusive that a private right of easement is abandoned. The non-user must be con......
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Lian Kok Hong v Lee Choi Kheong and others
...is abandoned. The non-user must be considered with, and may be explained by, the surrounding circumstances’ (See Swan v Sinclair [1924] 1 Ch 254 at 266 per Pollock MR quoted by Buckley LJ in Gotobed v Pridmore (1971) 217 EG 759 at 760 and quoted with approval by Cumming-Bruce LJ in Williams......
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1 books & journal articles
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Land Law
...coupled with a substantial length of time during which the dominant owner has acquiesced in that state of affairs (see Swan v Sinclair[1924] 1 Ch 254 at 267–268 and The Queen v Sarah Chorley[1848] 12 QB 515 at 519). 20.37 Applying the legal principles above, the Court of Appeal held that th......