Shephard and others v Turner and another (Record no. 76479)

MARC details
000 -LEADER
fixed length control field 01948cab a2200205 4500
001 - CONTROL NUMBER
control field ##L132505
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 060213n2006 000 0 eng u
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u132505
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Shephard and others v Turner and another
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2006
520 ## - SUMMARY, ETC.
Summary, etc. [2006] EWCA Civ 8, 23 January 2006. Considers whether the concept of reasonable user in the Law of Property Act 1925 S 84(1)(aa) referred to the long-term use of land rather than the process of transition to such a use. Appeal by S against a LT decision permitting modification of restrictive covenants affecting eight houses in a cul-de-sac. T applied to modify the extant restrictive covenants under the Law of Property Act 1925 S84(1)(aa) to permit construction of a dwelling and a garage. LT held that the modification would not injure S or affect the value of their properties even taking into account the thin edge of the wedge factor in permitting the development. S submitted amongst other arguments that LT had applied the wrong legal test and was wrong to conclude that the overall benefits secured by the covenants were not of substantial value within s84(1)(a) of the 1925 Act. "Held": appeal dismissed. LT had not applied the right legal test. The concept of reasonable user in S84(1)(aa) of the Act referred to the long-term use of the land rather than the process of transition to such a use. The primary consideration was the covenant's value in providing protection from the effects of ultimate use rather than from the short-term disturbance inherent in any construction project.
590 ## - LOCAL NOTE (RLIN)
Local note IKA140206
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LAW OF PROPERTY ACT 1925 S84(1)(A)
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element LAW OF PROPERTY ACT 1925 S84(1)(AA)
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element SHEPHARD AND OTHERS V TURNER AND ANOTHER
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-PROPERTY DEVELOPMENT
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org/ew/cases/EWCA/Civ/2006/8.html">https://www.bailii.org/ew/cases/EWCA/Civ/2006/8.html</a>
Public note View the judgment free of charge at www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
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    Dewey Decimal Classification     Virtual Virtual Online 13/02/2006   ONLINE PUBLICATION 132505-2001 06/08/2019 1 06/08/2019 Law report