Megarry And Wade The Law Of Real Property Pdf
Contents. Early and private life Megarry's father was a solicitor in; his mother's father was a. Megarry was born in, Surrey and was educated at and. He did not concentrate on his academic studies at university, writing for student newspaper as its first music critic, played football and tennis for his college, and obtained a pilot's licence; he ended up with a.
Introduction: Nature of Licences, Easements and Rights of Way Easements, licences and rights of way are limited rights with respect to real property. The Law of Real Property in England and the. THE LAW OF REAL PROPERTY IN ENGLAND AND THE UNITED STATES. MEGARRY & WADE, THE LAW OF REAL PROPERTY 259. Landlords often think they have the right to go into a tenant's property -but do they? And if they do, when can they do it and how much notice should they give?
He married his wife, Iris, in 1936, and they had three daughters. His wife died in 2001, but he was survived by his daughters. Having trained as a solicitor, he practised as one from 1935 to 1941. He also taught law students, and lectured at Cambridge from 1939 to 1940. He worked at the during the, rising to by 1946.
With encouragement from, Professor of Jurisprudence at, he retrained as a, and was called to the bar at in 1944, and left the Civil Service to practise as a barrister in 1946, specialising in and. In parallel to his legal career, he also taught law at, becoming a fellow at in 1945, and rising to become a university by 1967. He was elected as a member of the in 1948. He became a in 1956, was a at Lincoln's Inn in 1962, and was Treasurer in 1981.
Megarry was also highly regarded as a legal scholar, publishing numerous articles in the, of which he was an assistant editor. He was president of the Society of Public Teachers of Law between 1965 and 1966. In 1970, he was elected a.
He was prosecuted at the for submitting false returns in 1954. The prosecuting counsel was Sir, the and later; counsel for the defence was, later a senior judge.
Megarry's tax affairs were complex, with his earnings as a lecturer dealt with by his wife and his self-employed income from his legal practice dealt with by his clerk. Each assumed that the other was dealing with certain items of income, but in fact neither did, so it was omitted from Megarry's tax returns. The judge directed the jury to acquit Megarry, on the grounds that the error was a genuine mistake with no intention to defraud the tax authorities. Judicial career Megarry was appointed as a in 1967, assigned to the, and receiving the customary. He became Vice-Chancellor of that Division in 1976, effectively its head, as the deputy of the absent.
He became a in 1978, and held the new post of Vice-Chancellor of the Supreme Court from 1982 to 1985. He had a traditional view of the law, and was unwilling to set new. In, he ruled that the was able to expel 302 suspect members, to prevent a suspected take-over by the. In he denounced picketing by dock workers as 'the law of the jungle', but held that he had no jurisdiction to ban it, deferring to the. He was the first Chancery judge to sit outside London, when he attended a mock funeral in in Suffolk to test how easy it would be to carry a along an alleged in.
He sat in the case of, brought by the former residents of, whose island was all but destroyed by mining. He took the court on a 3-week trip to the south Pacific, to visit the island. After sitting for 206 days, Megarry delivered a judgment containing 100,000 words. He asked to do its duty to the islanders, but found that he was unable to require it to do anything.
Megarry And Wade The Law Of Real Property
Megarry And Wade The Law Of Real Property Pdf
He was appointed as Vice-Chancellor in 1976. In 1977, he declined to grant an injunction to prohibit the sale of an unauthorised record based on informal and unrehearsed tapes. In 1979, he upheld a worldwide playing ban imposed on by arising from a complaint by Best's former employer,. Also in 1979, he was unable to uphold a complaint in, regarding during a police investigation.
However, in 1984 the decided that it was a contravention of the. Megarry ordered to disclose the name of a confidential source in 1980, following leaks of information from. He ruled in two cases involving the in 1984. In the first case, he declined a request from the for a mandatory order to direct union representative how to act as trustees of a pension fund, but gave directions on the representatives' instead, saying that in his opinion the trustees were obliged to consider investment outside the UK and in industries that compete with coal. He would have said breach of the former would have risked the miners leaders being in; breach of the latter would simply enable them to be removed as trustees. In the second case, a month later, he prohibited the NUM from calling a strike in Nottinghamshire, because a ballot had not been held, and then declared that an NUM plan to discipline non-striking miners was illegal.
He was chairman of the for 15 years, from 1972 to 1987. Legal writings Megarry was also an accomplished legal writer, publishing several leading textbooks. He is perhaps best known as joint author of The Law of Real Property with, first published in 1957 and usually known as Megarry and Wade. A 6th edition, edited by, was published in 1999. Megarry also wrote a handbook to the in 1939, which ran to 11 editions by 1988. His Lectures on the Town and Country Act 1947 was published in 1949, shortly after the new legislation was passed, and he also published A Manual of the Law of Real Property (1946), which ran to 8 editions.
He was the sole editor of the 23rd edition of (1947); he then edited the 24th edition (1954) to the 27th edition (1973) jointly with. His works broke new ground, in presenting technical areas of the law in a clear and systematic way, to the benefit of generations of law students. His love of the minutiae of legal practice led him to publish several legal miscellanies, including Miscellany-at-law (1955), Arabinesque-at-law (1969), Inns Ancient and Modern (1972), A Second Miscellany-at-Law (1973) and A New Miscellany-At-Law (2005). He was also a book review and assistant editor of the from 1944 to 1967, and a consultant for the 's radio programme from 1953 to 1966. He also published An Introduction to Lincoln's Inn in 1971. Retirement He retired as a judge in 1985, but occasionally sat until 1991. He was a member of the panel of judges of the that decided the important case of Yuen Kun Yeu in 1987.
In retirement, he lectured in law in North America, and was Visitor at the and in Cambridge. He was an active member of the into the 1990s. His last book, A New Miscellany-at-Law, was published in December 2005. He died in London.