Spook Erection Ltd v Secretary of State for the Environment: CA 1989

Nourse LJ explained the nature of a franchise in land: ‘The right which was granted to one Anthony Bourchier by the letters patent of 29 June 1637 was a franchise; an incorporeal hereditament which has been authoritatively defined as a royal privilege or branch of the royal prerogative subsisting in the hands of a subject, by grant from the King: see Chitty: The Prerogatives of the Crown (1820), p. 119.’

Judges:

Nourse LJ

Citations:

[1989] QB 300

Jurisdiction:

England and Wales

Cited by:

CitedCrown Estate Commissioners v Roberts and Another ChD 13-Jun-2008
The defendant claimed ownership as Lord Marcher of St Davids of historical rights in foreshores in Pembrokeshire. The claimants sought removal of his cautions against first registration.
Held: Lewison J explored the history of manorial . .
Lists of cited by and citing cases may be incomplete.

Land

Updated: 05 May 2022; Ref: scu.269743