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Property Law Keyed to Cribbet
London County Council v. Allen
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
In 1907, the Plaintiff entered into an indenture with Morris Joseph Allen, a builder, who was a fee simple owner of certain land, by which Morris for himself, his heirs and assigns, covenanted that he would not build on two green areas shown on a map which were to be reserved for the construction of roads by the London County Council. In 1911, three houses were built on one of the plots and a wall was built on the other plot. The Plaintiff then sued to have a writ of mandatory injunction issued, which would order the houses and the wall torn down as a breach of the covenant between Mr. Allen and the Plaintiff. The legal estate was in Morris, as mortgagee, and the equity of redemption was in Mrs. Allen who had taken title from Mr. Allen and his mortgagee Willocks, who had no notice of the restriction. The Defendants argued that the Plaintiff could not enforce the covenant against the assigns of Mr. Allen, whether the assigns had notice of the restriction or not, because the cov enant was a personal covenant which did not run with the land. It was also argued that the covenant was in the form of a negative easement, which required a dominant and servient estate, and the Plaintiff did not own any of the land in question. Thus, the Defendants argued that the covenant amounted to an easement in gross, which did not run with the land, but terminated when the land was assigned to another by Mr. Allen.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.