Sommer and another v Sweet and another (Record no. 74984)

MARC details
000 -LEADER
fixed length control field 01742cab a2200205 4500
001 - CONTROL NUMBER
control field ABS68864
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 050329n2005 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u129185
041 ## - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 ## - TITLE STATEMENT
Title Sommer and another v Sweet and another
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2005
520 ## - SUMMARY, ETC.
Summary, etc. [2005] EWCA Civ 227, 15 February 2005. Considers: (1) whether the owner of a dominant tenement (S) may enjoy the right of way as an overriding interest under the Land Registration Rules1925-rule-258 although the right of way had not been expressly granted by the owner of the servient tenement (N); and (2) whether the restriction on registering the title to a property in the Land Registration Act 1925 s82(3) applied to rectification for the purpose of giving effect to an overriding purpose. Appeal by N against a decision SW had a vehicular right of way over part of their land. The main issues in the earlier case were S's entitlement or not to vehicular access as a way of necessity or as a right arising by way of proprietary estoppel and the judge's making orders to rectify the title. "Held": appeal dismissed. S were entitled to enjoy the right of way as an overriding interest binding on N under rule-258 even if the right of way had not been expressly granted by N. Restrictions in s82(3) of the Act did not apply to rectification for the purposes of giving effect of an overriding interest or an order of the court.
590 ## - LOCAL NOTE (RLIN)
Local note ABS
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LAND REGISTRATION ACT 1925
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LAND REGISTRATION RULES1925-RULE-258
650 ## - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SOMNER AND ANOTHER V SWEET AND ANOTHER
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element Boundary disputes
9 (RLIN) 6221
856 ## - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2005/227.htm">https://www.bailii.org/ew/cases/EWCA/Civ/2005/227.htm</a>
Public note View the judgment at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     London London Journal article 29/03/2005   ABS68864 129185-1001 06/08/2019 1 06/08/2019 Law report
    Dewey Decimal Classification     Virtual Virtual Online 27/04/2005   ONLINE PUBLICATION 129185-2001 06/08/2019 1 06/08/2019 Law report