Overview of Court Practice Relating to the Right of the Limited Use of Someone Else's Property in an English Law

Journal Issue:

Author Information: 

Assistant at the Department of Municipal Law of the RUDN University

Abstract: 

In this article author carries out the detailed overview of the court practice concerning the right of limited use of someone else's property in system of a common law. In it definition the concept "servitude", servitude signs of an English law is given, each of them is in detail described and additional requirements which are necessary for existence of the servitude are described. In the conclusion the author emphasizes that the case law, unfortunately, has for the judge certainly no binding force. In certain cases the judge has the right to deviate from precedents and to pass the decision, new on the content. This fact proves flexibility of case law, but at the same time and some uncertainty, the choice of one of a set of the available precedents and its interpretation at discretion depends on the judge.

Keywords: 

servitude, system of a common law, judicial precedent, real estate, superior estate, office real estate, parcels of land.

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