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Gale on Easements 21st ed (Book & eBook Pack)


ISBN13: 9780414081727
Published: November 2020
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: Book & eBook Pack (ProView)
Price: £416.00
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Also available as

An easement is ‘a right enjoyed by an owner of land over land of another, such as a right of way, of light, of support, or to a flow of air or water’. It is a core area of property law and matters relating to them can be frequent, complex and contentious.

This highly regarded and frequently cited title, first published in 1839, is a detailed analytical text that interprets statute and case-law and suggests solutions to the many problems that may arise. The authors provide summaries and informed examination of case law to help make clear the main themes of the law of easements and their subtle variations and exceptions.

Gale on Easements:

  • Interprets both statute and case law, suggesting solutions to problems which may arise in practice
  • 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, boundaries and access to neighbouring land
  • Traces cases to the present day from an historical point of view
  • Explains the development of the law via in-depth analysis of latest 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 cases
  • Goes through the ways easements can be created
  • Examines the how easements can be extinguished
  • Defines what amounts to disturbance of easements and identifies the available remedies
This 21st edition brings the reader up to date on the key caselaw developments since the last edition in 2016, including:
  • The decision of the Supreme Court in the Regency Villas case, which reviewed the essential characteristics of an easement as originally identified in Re Ellenborough Park which clarifies numerous points
  • Plymouth (Earl of) v Rees in the Court of Appeal which considered the implied limitations on an apparently wide right of entry reserved in a lease and set out the principles to be applied in construing such reservations
  • Welford v Graham in which the burden of proof in prescription claims was elucidated
  • The rule in Harris v Flower that a right of way may only be used for gaining access to the land identified as the dominant tenement in the grant continues to give rise to problems at the margins. Gore v Naheed says that it is all a matter of construction. Whether this enables all the authorities to be reconciled is discussed in detail
  • Poste Hotels Limited v Cousins and London Borough of Brent v Malvern Mews which provided an interesting pair of decisions about when the court should grant a negative declaration; in one such a declaration was not granted and in the other it was
Plus analysis of the many other decisions both at first instance and on appeal which illustrate established principles

Subjects:
Property Law, eBooks
Contents:
TABLES
CHARACTERISTICS OF AN EASEMENT
EQUITABLE RIGHTS TO EASEMENTS
CREATION OF EASEMENTS BY KNOWN TRANSACTIONS
ESTABLISHMENT OF EASEMENTS BY PRESCRIPTION
EASEMENTS AND REGISTERED LAND
RIGHTS IN RESPECT OFWATER
RIGHT TO LIGHT
AIR
RIGHTS OFWAY
SUPPORT
PARTY-WALLS, BANKS, BOUNDARY TREES AND BUILDINGS AND ACCESS TO NEIGHBOURING LAND
EXTINGUISHMENT OF EASEMENTS
WHAT AMOUNTS TO A DISTURBANCE
REMEDIES FOR DISTURBANCE
APPENDIX

Series: Property and Conveyancing Library

Reynolds and Clark: Renewal of Business Tenancies 6th ed ISBN REYN6th
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Sweet & Maxwell Ltd
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Housing Law Looseleaf Pay-as-you-go ISBN 9780421391109
Latest Release December 16, 2020
Sweet & Maxwell Ltd Subscriptions
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Hague on Leasehold Enfranchisement 7th ed (eBook) ISBN 9780414081949
Published December 2020
Sweet & Maxwell Ltd
£230.00
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Hague on Leasehold Enfranchisement 7th ed ISBN 9780414069374
Published December 2020
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£230.00
Hague on Leasehold Enfranchisement 7th ed (Book & eBook Pack) ISBN 9780414081932
Published December 2020
Sweet & Maxwell Ltd
£299.00
(ProView)
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Gale on Easements 21st ed ISBN 9780414080928
Published November 2020
Sweet & Maxwell Ltd
£320.00
Gale on Easements 21st ed (eBook) ISBN 9780414081734
Published November 2020
Sweet & Maxwell Ltd
£320.00
(ProView)
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Gadsden & Cousins on Commons and Greens 3rd ed ISBN 9780414072138
Published March 2020
Sweet & Maxwell Ltd
£175.00
£175.00
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£175.00
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Hague on Leasehold Enfranchisement 6th ed: 3rd Supplement ISBN 9780414071544
Published June 2019
Sweet & Maxwell Ltd
Out of print
Out of print
Dilapidations: The Modern Law and Practice 6th ed ISBN 9780414065444
Published December 2017
Sweet & Maxwell Ltd
£265.00
Cousins On The Law of Mortgages 4th ed ISBN 9780414034365
Published November 2017
Sweet & Maxwell Ltd
£293.00
Reynolds and Clark: Renewal of Business Tenancies 5th ed ISBN 9780414057548
Published December 2016
Sweet & Maxwell Ltd
Out of print
Gale on Easements 20th ed ISBN 9780414057517
Published December 2016
Sweet & Maxwell Ltd
Out of print
Gadsden on Commons and Greens Revised 2nd ed ISBN 9780414025677
Published January 2012
Sweet & Maxwell Ltd
Out of print
Hague on Leasehold Enfranchisement 5th ed ISBN 9781847031341
Published July 2009
Sweet & Maxwell Ltd
Out of print
Muir Watt & Moss: Agricultural Holdings 14th ed ISBN 9780421444904
Published December 1998
Sweet & Maxwell Ltd
Out of print