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详细
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
New to this edition:
- Fully updated to incorporate all the key cases since the last edition
- Revised analysis of how rights of light deeds authorising development which interferes with the light to a neighbour’s land bind successors
- Restructured and refreshed discussion of the principles of interpretation applicable to express grants
- Updated discussion on what light is to be considered when deciding whether a nuisance has been caused and how the impact of light interference is to be measured
- A detailed discussion of the apparent conflict between property law and tort law, questioning the apparent displacement of well established property law principles by the intrusion of the “measured duty of care”
- New commentary on the treatment of access to neighbouring land
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Part I: Characteristics of an Easement
• Characteristics of an Easement
• Equitable Rights to Easements
Part II: The Acquisition of Easements
• Creation of Easements By Known Transactions
• Establishment of Easements By Prescription
• Easements and Registered Land
Part III: Particular Easements and Particular Natural Rights of a Similar Character
• Rights In Respect Of Water
• Right To Light
• Air
• Rights Of Way
• Support
• Party-Walls, Banks, Boundary Trees And Buildings And Access To Neighbouring
• Land
Part IV: Extinguishment of Easements
• Extinguishment of Easements
Part V: Disturbance of Easements
• What Amounts To A Disturbance
• Remedies For Disturbance
Appendices
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Jonathan Gaunt, QC is the joint head of Falcon Chambers and a past Chairman of the Property Bar Association and sits as a Deputy Judge of the Chancery Division. This is the fourth edition of Gale on the Law of Easements that he has co-edited.
The Hon Mr Justice Morgan is a Judge of the Chancery Division of the High Court. He also edits Woodfall: Landlord and Tenant.
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"It is, in our view, impossible to find fault with Gale which becomes more and more useful as year succeeds year" - The Independent Solicitor
"The definitive guide through the area's complexities." - Solicitors' Journal
