The following Property Q&A Produced in partnership with Helen Galley of XXIV Old Buildings provides comprehensive and up to date legal information covering:
In the absence of any express obligation to repair, the general rule is that neither the dominant or the servient owner (see Jones v Price at  and Duke of Westminster v Guild at [700F]) is under any obligation to repair the right of way. Taylor v Whitehead  2 Doug KB 745 (not reported by LexisNexis®) and Ingram v Morecraft at [51–52]  33 Beav 49 (not reported by LexisNexis®) suggest that as a matter of common law, the person who has the use of the thing ought to repair it so that if the servient owner wants the way repaired he should do so himself. The dominant owner will have ancillary to the right, a right to enter onto the land and repair the way including upgrading and improving it that is reasonably necessary for the enjoyment of the easement granted. He will not be able to recover the costs of so doing unless he was abating a nuisance or the servient owner was in default of an obligation to repair.
Next, we turn to the situation where there is an express obligation on the part of the servient owner to carry out repairs to the way. A covenant to repair is a positive covenant and so, will not bind a successor in title to the original covenantor unless he or she has
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Unlike many other countries, the UK has no unfair competition law. Brand owners seeking to prevent competitors from marketing ‘copycat’ products or using misleading advertising have to rely on a combination of different intellectual property rights. These rights include the common law right to
What is a company's constitution?A company’s 'constitution' is defined under the Companies Act 2006 (CA 2006) as including:•the company’s articles of association, and•any resolutions and agreements affecting a company’s constitutionThe CA 2006 definition of 'constitution' is not exhaustive and also
Codicils may be used for making any alteration in a Will such as to alter the executors or make changes in legacies, whether by addition or deletion but that is by no means their only use. As a general rule, substantial changes are best achieved by means of a new Will and codicils are more
Definition of automatismAn act is done in a state of automatism if it is done by the body without control by the mind, (eg it is a spasm or a reflex), or if it is done by a person who is not conscious of what they are doing. The act may be described as involuntary, but will not be regarded as such
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