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United Kingdom easements

Conway v Ratiu

[2005] EWCA Civ 1302
JurisdictionUnited Kingdom
CourtEngland and Wales Court of Appeal (Civil Division)
Year2005
StatusBinding authority

Summary

Court of Appeal considered the scope of prescriptive easements including right of way and parking rights in relation to dominant and servient tenements.

Key Principle

easements; right of way; parking rights; scope of prescriptive easements; dominant and servient tenement

Area of Law

property

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In assessing personal injury damages, gratuitous or benevolent payments received by the plaintiff from third parties are not to be deducted from the damages award.

Farah Constructions Pty Ltd v Say-Dee Pty Ltd (Knowing Receipt) [2007] HCA 22

Knowing receipt of trust property requires actual knowledge of the breach of trust or circumstances that indicate impropriety to establish constructive trust liability.

Tanwar Enterprises Pty Ltd v Cauchi (Specific Performance) [2003] HCA 57

Equity presumptively grants specific performance of land sale contracts on the basis that land is unique, unless granting it would be unjust.

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