Warrandice

Question 1

Welsh v Russell

Answer 1

1. “It is impossible to describe the servitude in this case as a very serious one, and I cannot help thinking that a very moderate amount of neighbourly forbearance … would have reduced it to a minimum. But, as a question of law, I am not prepared to affirm that a right of passage at all times through a small urban subject is not a material burden on the full right of property”

Question 2

Whyte v Lee

Answer 2

1. If constructive knowledge were not taken into account “it would generally be impossible to make an effective sale of a house in town without a very minute and ponderous written contract specifying all restrictions and conditions, however usual, that applied to it. If a man simply buys a house he must be taken to buy it as the seller has it, on a good title, of course, but subject to such restrictions as may exist if of an ordinary character, and such as the buyer may reasonably be supposed to have contemplated as at least not improbable”