Gale on Easements 19th Edition

Gale on Easements 19th Edition

By The Hon Mr Justice Morgan, Jonathan Gaunt QC

Paper

$637.00 RRP

Date: 12/12/2012

Code: 9780414043787

Sweet & Maxwell, UNITED KINGDOM

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Format Title Date Code Price
Paper Gale on Easements 19th Edition 12/12/2012 9780414043787 $637.00

Description

First published in 1839, Gale on Easements  continues to maintain its reputation as the leading authority on all aspects of the law relating to easements. Statute and case law are interpreted in great depth and solutions are offered to problems that may arise in practice.

The new 19th edition incorporates and explains all important recent case law.

  • The definitive text on this core area of property law
  • Sets out what constitutes an easement and goes on to focus on particular types, such as right of light, rights of way, air and support
  • Interprets both statute and case law, suggesting solutions to problems which may arise in practice
  • Explains the development of the law via in-depth analysis of historic case law
  • Offers remedies and advice for when an easement has been disturbed
  • Provides summaries and examination of case law, including a wide range of Commonwealth decisions
  • Reproduces relevant legislation and regulations so they can be consulted easily

Important updates to the new edition:

  • Discusses the Law Commission’s proposals
  • A review of the recent case law on the general principles applied to the construction of express grants
  • Analysis of how rights of light deeds work so as to bind successors
  • Considers what might have happened if HKRUK II (CHC) Ltd v Heaney had reached the Court of Appeal
  • Includes coverage of the significant number of cases on the Party Wall Act
  • Discusses the potential impact of Lord Millet’s criticism of the parentage of the ‘fee simple rule' and the ‘common landlord rule’

Key cases within the new edition:

  • Alford v Hannaford – Construction of grant of ROW
  • Ashdale Land v Maioriello - Excessive use of ROW
  • Chaudhary v Yavuz - Unregistered equitable easement by estopell
  • Heslop v Bishton - Altering ROW – deviation – remedy
  • HKRUK II (CHC) Ltd v Heaney - ROL – interference – Shelfer – remedy – injunction
  • Lawrence v Fenn Tigers Ltd -  Prescriptive easement to make noise – remedies
  • Propertypoint v Kirri - Right to turn vehicles; prescription; whether easement; whether too extensive; access over land of 3rd party
  • Thompson v Bee  ROW – Construction by ref to will – excessive use
  • Waterman v Boyle - ROW – Whether implied right for visitors to park; whether way obstructed by wall built beside the way

 

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