The following Property Q&A provides comprehensive and up to date legal information covering:
There is no hard and fast rule when it comes to interpreting easements, each one turns on its facts. However, the starting point with an expressly granted easement will always be the deed granting the easement which the court will interpret in its entirety and in its context. Unless clearly directed otherwise, the court will construe the grant in favour of the grantee or owner of the dominant land (William v James). In certain circumstances, the words used will be so unambiguous that no surrounding circumstances affect their construction. In other cases however, where drafting is not so clear, or circumstances have changed, then it will be a matter of construction eg: Alford v Hannaford. See: Practice Note:Easements—int
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This Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international perspective and includes some comparative examples from other
Fraud by false representationFraud by false representation applies to a broader range of conduct than the offences under the preceding legislation (the Theft Act 1968 (TA 1968)). No gain or loss need actually be made, and no deception need operate on the mind of the deceived for the Fraud Act 2006
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
The principles of the notarial act are that it is:•an act of the notary and not of the parties named in the document•a record of a fact, event or transaction•in the form of a document, notwithstanding the form of the underlying document, fact, event or transactionThe purpose of the notarial act is
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