About: Phipps v Pears

Facets (new session)
Description
Metadata
Settings
- Rule:
- Inverse Functional Properties:
- "Same As":

About: Phipps v Pears Goto Sponge NotDistinct Permalink

An Entity of Type : dbo:SupremeCourtOfTheUnitedStatesCase, within Data Space : dbpedia.demo.openlinksw.com associated with source document(s)
QRcode icon

http://dbpedia.demo.openlinksw.com/describe/?url=http%3A%2F%2Fdbpedia.org%2Fresource%2FPhipps_v_Pears&invfp=IFP_OFF&sas=SAME_AS_OFF

Phipps v Pears [1964] is an English land law case, concerning easements. The case concerns walls other than those governed by the Party Wall Act. Party walls are those which are touch or are shared or agreed to be party walls. The court held the law will not imply or invent a new form of negative easement to prevent a neighbour's wall being pulled down which offers some protection (and no special agreement or covenant is in place).

Attributes	Values
rdf:type	yago:Abstraction100002137 yago:Case107308889 yago:Event100029378 yago:Happening107283608 yago:PsychologicalFeature100023100 yago:YagoPermanentlyLocatedEntity Supreme Court of the United States case
rdfs:label	Phipps v Pears (en)
rdfs:comment	Phipps v Pears [1964] is an English land law case, concerning easements. The case concerns walls other than those governed by the Party Wall Act. Party walls are those which are touch or are shared or agreed to be party walls. The court held the law will not imply or invent a new form of negative easement to prevent a neighbour's wall being pulled down which offers some protection (and no special agreement or covenant is in place). (en)
name	Phipps v Pears (en)
foaf:depiction
dcterms:subject	1964 in case law 1964 in British law English land case law Court of Appeal (England and Wales) cases
Wikipage page ID	35739394 (xsd:integer)
Wikipage revision ID	1082979659 (xsd:integer)
Link from a Wikipage to another Wikipage	English land law Aldred's case 1964 in case law 1964 in British law Warwick Easements Right of way English land case law Court of Appeal (England and Wales) cases Law of Property Act 1925 Colin Blackburn, Baron Blackburn Windmill Master of the Rolls Lord Denning Party Wall Act dbr:Wright_v_Macadam dbr:Dalton_v_Angus dbr:Webb_v_Bird dbr:Bland_v_Moseley dbr:Leech_v_Schweder
Link from a Wikipage to an external page	http://www.bailii.org/ew/cases/EWCA/Civ/1964/3.html
sameAs	Phipps v Pears Phipps v Pears Phipps v Pears
subsequent actions	None. (en)
transcripts	http://www.bailii.org/ew/cases/EWCA/Civ/1964/3.html
dbp:wikiPageUsesTemplate	dbt:Cquote dbt:Reflist dbt:Use_dmy_dates dbt:PD-UKGov dbt:Clist_easements dbt:Infobox_court_case
thumbnail	wiki-commons:Special:FilePath/FEMA_-_44312_-_Tornado_Damage_in_Oklahoma.jpg?width=300
caption	Walls damaged by weather damage. (en)
citations	[1964] EWCA Civ 3 (en) [1965] 1 QB 76 (en)
court	Court of Appeal (en)
full name	George Edward Phipps v Pears and others (en)
keywords	Creation of negative easements; rule against creation of new types of easements; non-existence of general right to continued protection against weather (en)
has abstract	Phipps v Pears [1964] is an English land law case, concerning easements. The case concerns walls other than those governed by the Party Wall Act. Party walls are those which are touch or are shared or agreed to be party walls. The court held the law will not imply or invent a new form of negative easement to prevent a neighbour's wall being pulled down which offers some protection (and no special agreement or covenant is in place). (en)
concurring	Salmon LJ (en) Pearson LJ (en)
date decided	1964-03-10 (xsd:date)
decision by	Denning MR (en)
opinions	Held: Likewise every man is entitled to cut down his trees if he likes, even if it leaves you without shelter from the wind or shade from the sun, see the decision of the Master of the Rolls in Ireland. There is no such easement known to the law as an easement to be protected from the weather. The only way for an owner to protect himself is by getting a covenant from his neighbour that he will not pull down his house or cut down his trees. Such a covenant would be binding on him in contract: and it would be enforceable on any successor who took with notice of it. But it would not be binding on one who took without notice. (en) "Held: But a right to protection from the weather is entirely negative. It is a right to stop your neighbour pulling down his own house. Seeing that it is a negative easement, it must be looked at with caution. Because the law has been very wary of creating any new negative easements. (en)
prior actions	Appellant also lost at first instance. (en)
gold:hypernym	Case
prov:wasDerivedFrom	wikipedia-en:Phipps_v_Pears?oldid=1082979659&ns=0
page length (characters) of wiki page	8200 (xsd:nonNegativeInteger)
foaf:isPrimaryTopicOf	wikipedia-en:Phipps_v_Pears
is Link from a Wikipage to another Wikipage of	Easements in English law Negative easements
is Wikipage redirect of	Negative easements
is foaf:primaryTopic of	wikipedia-en:Phipps_v_Pears

Faceted Search & Find service v1.17_git139 as of Feb 29 2024

Alternative Linked Data Documents: ODE Content Formats:

RDF

ODATA

Microdata

About

OpenLink Virtuoso version 08.03.3330 as of Mar 19 2024, on Linux (x86_64-generic-linux-glibc212), Single-Server Edition (378 GB total memory, 52 GB memory in use)
Data on this page belongs to its respective rights holders.
Virtuoso Faceted Browser Copyright © 2009-2024 OpenLink Software