Maguire v Browne

JurisdictionIreland
Judgment Date15 December 1921
Date15 December 1921
Docket Number(1919. No. 716.)
CourtCourt of Appeal (Ireland)
H. L.,
Browne
and
Maguire

Land-locked tenement - Grants made at different times - No evidence as to date when owner parted with the last portion of land surrounding the alleged dominant tenement.

The plaintiff was the owner of a farm of land which he had purchased under the provisions of the Irish Land Act, 1909, and which immediately adjoined an historic moat, consisting of a circular close, on which timber was growing, and which was completely surrounded by lands in the occupation of persons, some of whom were tenants of the Earl of Erne, and others of whom (including the plaintiff) had purchased their holding from him. In the year 1919 the defendant purchased the fee-simple of the moat from the Earl of Erne, and subsequently proceeded to cut down the timber growing on it, and to remove it by a pass leading to the country road, claiming that he had a right so to use the pass as a way of necessity. In an action for an injunction to restrain the defendant from carting the felled timber over the pass, the House of Lords held that no evidence having been given to establish beyond reasonable doubt what were the dates on which Lord Erne had parted with the several portions of land surrounding the close, it was impossible to say over which plot of land the implied...

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5 cases
  • Maude v Thornton
    • Ireland
    • High Court (Irish Free State)
    • 11 November 1929
    ...with costs to the defendants, both here and in the Court below. Johnston J. :—I concur. (1) Before Meredith and Johnston JJ. (1) [1921] 1 I. R. 148, at p. (2) 12 Ch. D. 31, at pp, 49 and 55. (3) [1921] 1 I. R. 148. (4) [1918] 1 I. R. 265. (5) [1916] 1 I. R. 180. (6) [1908] 1 I. R. 202. (7) ......
  • Palaceanne Management Ltd v Allied Irish Bank Plc
    • Ireland
    • Court of Appeal (Ireland)
    • 10 May 2017
    ...can be created even when both parties to the instrument did not intend that creation. This is in direct contrast to Maguire v. Browne [1921] 1 IR 148, which emphasises that a right of way of necessity rests on the 'supposed intention' of the parties [at p.169; see also: Dwyer Nolan Develop......
  • Dwyer Nolan Developments Ltd v Kingscroft Developments Ltd
    • Ireland
    • High Court
    • 5 April 2001
    ...IRISH LAND LAW 2ED PARA 6.058 DOOLAN V MURRAY UNREP KEANE 21.12.1993 1994/2/414 NICKERSON V BARRACLOUGH 1981 2 AER 369 MAGUIRE V BROWN 1921 1 IR 148 WYLIE IRISH CONVEYANCING LAW 2ED PARA 21.03 NORTON ON DEEDS 2ED 287 BLAND LAW OF EASEMENTS & PROFITS A PRENDRE (1997) 56 225 PARA 12–20 BROWN......
  • Orwell Park Management Ltd v Henihan
    • Ireland
    • High Court
    • 14 May 2004
    ...Limited (1906) T.L.R. 667 . 202 Flynn v. Harte [1913] 2 I.R. 322 . 203 Geoghegan v. Henry [1922] 2 I.R. 1 . 204 Maguire v. Browne [1921] 1 I.R. 148 . 205 Browne v. Maguire [1921] 1 I.R. 23 . 206 Mulville v. Fallon (1873) I.R. 6 Eq. 458. 207 Crabb v. Arun District Council [1976] Ch. 179 . 20......
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