rule in wheeldon v burrows explained

Rights of light can also arise for the benefit of freehold property by prescription under the common law which requires proof of the enjoyment of the right from time immemorial, meaning the beginning of legal memory in 1189. In 2008, the Master of the Rolls commissioned Lord Jackson to undertake a review of the costs of civil litigation. Then, Borman v. Griffiths [1930] 1CH 493. Write by: . iii) Wheeldon v Burrows requires a quasi-easement (analgous to the licence requirement in s62) but additionally has the "continuous and apparent . - Easements impliedly granted under the rule but not impliedly reserved (the case the quasi-easement must be 'continuous and apparent', the court now no longer look for the quasi-easement to be both continuous and apparent, but now just look for it to be apparent, This section operates to imply into every conveyance of land a range of rights and advantages relating to the land transferred, an easement is one of the rights and advantages that is implied into every conveyance of land, Law of Property (Miscellaneous Provisions) Act 1989, section 2, Section 62 of the Law of Property Act 1925. granted by deed Free trials are only available to individuals based in the UK. Does the principle held in Wheeldon v Burrows apply retrospectively. Indeed, the right to a view is unknown to the law. A claimant is prime facie entitled to an injunction. (iii) of the rule in Wheeldon v Burrows, or (iv) section 62 Law of Property Act 1925 An easement (a right of way) has been held to be implied due to necessity where land is acquired and. Later the tenant purchased the building, but the conveyance did not mention the parking. Enter to open, tab to navigate, enter to select, Practical Law UK Legal Update Case Report 2-107-2330, https://content.next.westlaw.com/practical-law/document/I6f852539e82f11e398db8b09b4f043e0/Implied-easements-and-the-rule-in-Wheeldon-v-Burrows?viewType=FullText&transitionType=Default&contextData=(sc.Default), Implied easements and the rule in Wheeldon v Burrows. Cited - Cory v Davies 1923 The second proposition in Wheeldon v Burrows is subject to exceptions, and reciprocal rights and reservations into leases should be implied. The court in Wood abolished the rule in Wheeldon v Burrows (1879). wheeldon v burrows and section 62. The draft transfer of part to the buyer grants new easements. This may be by virtue of section 62 of the Law of Property Act 1925 or the rule in Wheeldon v Burrows. In addition, any reasonably foreseeable future subdivisioning of . A piece of land and a workroom/barn were sold independently to two different people. Mocrieff v Jamieson [2007] 4. Under the rule in Wheeldon v Burrows, the easement will be implied only if there is no deed to imply the easement into. A recent upper tribunal case (Taurusbuild Ltd v McQue) came to the surprising . My take including: 1) Section 62 applies to rights "enjoyed with" the land when it was sold or transferred by conveyance including a test of what happened before [para 25]. drains or path), T (tenant of part of property) had mere licence to use coal shed, grant of new tenancy to T amounted to transfer of land, right to use coal shed was capable of being an easement & implied inclusion in deed transformed licence into legal easement, a privilege which was not necessary to reasonable enjoyment of the land converted to implied easement under, easement may be acquired by prescription: without express or implied grant & no need for sale of part, A owns land with house on it, adjoining B's field The land was sold separately. A workshop and adjacent piece of land owned by Wheeldon was put up for sale. necessary for reasonable enjoyment of the land Any information contained in this case summary does not constitute legal advice and should be treated as educational content only. easements created under rule in, implied easement of necessity may be found in relation to business use of premises, C ran restaurant from basement of building leased from D, C needs to place a ventilation duct on rear of building at request of local hygiene inspector, C's lease contains covenants not to cause nuisance, to control & eliminate all food smells & comply relevant food hygiene regulations, D refuses permission to erect ventilation duct on building, lease is for part of building so qualifies as sale of part of land & implied easement capable of applying, implied easement of necessity: C cannot continue business without easement permitting ventilation duct, rule providing for implied easement: if no express provision allows buyer on sale of part to acquire implied easement over retained land of a seller, T owned two pieces of adjacent land: the plot & the workshop, workshop windows overlooked the plot & received light over it, plot was sold to W & T did not expressly reserve right of light for benefit of workshop, X erected hoarding, blocking light to workshop, B removed the hoarding & X sued for trespass, T had not reserved right of access of light, no such right passed to B & X could obstruct light, rule allowing buyer implied easement of retained land of seller, arises if right was: Mifflintown, PA 17059. 794. The law impliedly grants (or reserves) an easement on a conveyance of land where the land transferred (or retained) is landlocked, The law will impliedly grant (or reserve) an easement into a conveyance of land where the parties to the conveyance held a common intention that the transferred (or retained) land would be used for a particular purpose, and that purpose is possible only if an easement is granted over the retained (or transferred) land. For the purposes of s.62, there is no requirement that such an easement had to be necessary for the reasonable enjoyment of the land; in this respect s.62 differed from, and was broader than, the rule in Wheeldon v Burrows Mocrieff v Jamieson [2007] 4. for an estate equivalent to a fee simple absolute in possession or a term of years absolute Difficulties arise when these two tests do. It will do so if there is a valid (actual or discovered via. My favourite case though is the hotel by the river and the small island sometimes used for parties or weddings in Platt v. Crouch [2004] 1 PCR. Rights of light can also be conferred by an express grant, just as any other right can be granted. The rule lays down the principle that: 'on the grant by the owner of a tenement of part of that tenement as it is then used and enjoyed, there will pass to the grantee all those continuous and apparent easements, or, in other words all those easements which are necessary to the reasonable enjoyment of the property granted . **Trials are provided to all LexisNexis content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. Paul will be explaining how the rights of light surveyors go about the task of measuring the adequacy of light in a given area. It can be traced back to Section 6 of an Act in 1881 and the following is my take on its operation. In Millman v Ellis an express right of way granted for the benefit of land sold off was held by virtue of the operation of the Wheeldon v Burrows rule to be extended by implied grant over additional land at the access point with the public highway notwithstanding the evidence of the vendor that he had retained such land for parking. The conventional understanding is: i) Wheeldon v Burrows requires unity of occupation. It is particularly apt here since, as explained in the section next but one, the French legal idea which is the subject of this chapter was deliberately adopted in, and so, guratively, transplanted into, England. Rule in Wheeldon v Burrows WHEELDON V BURROWS SECTION 62 LPA 1925 BY PRESCRIPTION RESTRICTING THE USE OF AN EASEMENT Where the use of an easement has changed or become excessive its use can be restricted. Is it possible to grant an express easement for a fixed term of years, subject to a break clause and/or an option to renew? The most that any of them can demonstrate is that in similar circumstances it would not be wrong to exercise the discretion in the same way. The rule in Wheeldon v Burrows has similar consequences to the statutory provision in s.62 of. Sign-in granted by deed in the past hence presumed grant, Important in practice but not examinable this year Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. Property Law - Easement - Right of way - Grant - Common owner conveying freehold. 2. As the judge said: Reported cases are merely illustrations of circumstances in which particular judges have exercised their discretion, in some cases by granting the injunction and in others by awarding damages instead. Whatever the challenge, we're here for you. First, when a landowner sells off part of his land and retains part, the conveyance will impliedly grant all the continuous and apparent easements over the retained land necessary for the reasonable enjoyment of the land sold. The rule in Wheeldon V Burrows: if A (the grantor) owns two adjoining tenements and has been using it in a particular way, if he conveys one of the tenements to B, B would be entitled to the easement which A exercised. This can be contrasted with the position under restrictive covenants where, at least. A word-saving device which operates where . 1. could there be easement for right to television? It is a right to receive sufficient natural illumination through defined apertures such that the rooms served by the apertures can be used for the ordinary purposes to which the building is likely to be put. not necessary if right is continuous and apparent, A licence can be transformed into an easement if all other requirements satisfied (nb Two reasons are given for this: Firstly, if the creative effect of S.62 were abolished, a reform which this article supports, the question of whether or not the land sold and retained were separately occupied prior to the conveyance would become immaterial. Devon TQ7 1NY, Hassall Law | 01548 854 878 | [emailprotected] | Admin, The Hassall Law Guide to Buying a Boat (New Build, Conversion, or Restoration) Vessel. Registered office: Creative Tower, Fujairah, PO Box 4422, UAE. These principles were applied in Regan v. Paul Properties DPF Limited No. 2 yr. ago. It is not possible for an easement to have been impliedly reserved by the rule in Wheeldon v Burrows. You have enjoyed the view for many years. 3) There is no requirement as with common law to prove necessity for the easement being claimed for a Section 62 right. He sold the workshop to Mr Burrows, and the piece of land to Mr Wheeldon. By using our site you agree to our use of cookies. not limited to possible interference in immediate neighbourhood: usually can rely on planning permission procedure to raise objections, also in instant case issue was temporary due to reconfiguration to new transmitters, right to a view cannot be protected by an easement, distinction between right to a view & rights to light, air & support, limitations apply to extent owner of servient land is excluded from using the land himself, no valid easement: there was no limit to number of vehicles or period of time each could be stored with effect of excluding C (servient owner), issues arise when use of land seems to exclude owner of land, question of degree: right not easements if effect is to leave servient owner without any reasonable use of his land, exclusion of servient owner is to a greater or lesser degree common feature of many easements, claim to an easement only rejected if extent of ouster so great as to be incompatible with an easement, distinction can be drawn between positive & negative easements, positive easement: gives owner of dominant land right to do something on servient land (such as right of way), negative easement: gives owner of dominant land right to prevent owner of servient tenement doing something on servient land (such as right to light), in instant case, easement for protection from the weather rejected as would impose unreasonable restriction on the ability to redevelop property, to create legal easement owner must: grant a permanent right (equivalent to estate in fee simple absolute) or grant a right for a fixed period (equivalent of term of years absolute), easements may be equitable interest: if for uncertain duration or was created by correct formalities (defect of form), deed is required to create a legal easement, if a person is selling part of their land they may wish to reserve certain rights in their favour (reserving an easement), to create legal easement over registered land: must comply with registered conveyancing rules, express grant of legal easement requires registration on Property Register & will bind successive owners of servient land, if legal easement not registered: failure to comply with required formality means pending registration, easement is equitable & will not bind buyer of servient land, therefore legal easement over registered land right must be: A workshop and adjacent piece of land owned by Wheeldon was put up for sale. easement is an incorporeal hereditament which falls within the definition of land under, easement is a right which makes use of a person's land more convenient or accommodating or beneficial & as a right enjoyed over someone else's land it also imposes a burden, easements are proprietary rights which may pass with ownership of land, neighbours may grant licence permitting temporary access to their land but may be revoked & does not pass with ownership. The following Property Q&A produced in partnership with Christopher Snell of New Square Chambers provides comprehensive and up to date legal information covering: The rule in Wheeldon v Burrows concerns the creation of easements. Harris v Flower & Sons (1904) 74 LJ Ch 127 Hillman v Rogers [1997] 12 WLUK 424 P&S Platt Limited v Crouch [2003] EWCA Civ 1110 Shrewsbury v Adam [2005] EWCA] Civ 1006 Todrick v Western National Omnibus Co. Limited [1934] Ch 561 Wheeldon v Burrows (1879) 12 Ch D 31 Wheeler v Saunders [1996] Ch 19 Wood v Waddington [2014] EWHC 1358 Ch Introduction 1. Note: this case departs from earlier cases Long v Gowlett and Kent v Kavanaugh; Morgan J. prescription may allow A to claim an easement, easement by prescription requires satisfaction of common law conditions, only vehicle access to Ds hill farm was by track across C's adjoining farm, 1922 - 1981 occupier of hill farm used track openly (on occasions when dry enough to be passable), C's predecessors knew of track use but gave no express permission, 1981 - 1985 very little use was made of track, 1987 Ds engaged B to lay stone road along track to make it usable in all weather conditions, C sought injunction to prevent Ds using track & damages for trespass against Ds & B, first instance judge: found in favour of C, no easement acquired, Court of Appeal: Ds had vehicular right of way by lost modern grant, but only entitled to repair track not improve, to acquire easement by prescription, person claiming right must show acts or use on which reliance is placed satisfy three requirements: A properly drafted lease, in particular, will reserve for the landlord the right to develop the adjoining property notwithstanding any effect that such development might have on the tenants rights, whether they be rights of light or air or otherwise. Re Ellenborough Park 2. So the buyer of the land could obstruct the workshop windows with building. Will an easement constitute an overriding interest where there have been subsequent transfers of title? And on a transfer or lease, the benefit of existing easements can automatically pass with the . Where the documentation does not expressly grant a right of light, such a right may nevertheless arise under section 62 of the Law of Property Act 1925. Unlike expressly granted easements, implied easements need not be registered in order to be legal: Land Registration Act 2002 section 27(d) is limited to the "express grant or reservation" of an easement. Therefore, this would seem to be an obvious case for the application of Wheeldon v. Burrows, unless the parties deliberately excluded the rule when transferring the land. 29th Sep 2021 However, when Wheeldon conveyed the land, he had not reserved a right of access of light to the windows, no such right passed to Burrows (the purchaser of the workshop). In other words, during her ownership of Blackacre, Claire is acively using part of her land (i.e. 2) Section 62 can operate without the need for a diversity of occupation of dominant or servient land [paras 25 and 26]. Reference this An easement will not be implied via the doctrine in section 62 if, at the time of conveyance, the parties exclude the section's operation. A 'quasi-easement' is an easement-shaped practice which X engages in pre-transfer, when they own and occupy the whole of the land. Free resources to assist you with your legal studies! Wheeldon v. Burrows [1879] 5. Section 40 is very clear. of 6 Fore Street wheeldon v burrows and section 62 wheeldon v burrows and section 62 (No Ratings Yet) . Express conferral also occurs on the transfer of land e.g. What will that remedy be? First, when a landowner sells off part of his land and retains part, the conveyance will impliedly grant all the continuous and apparent easements over the retained land necessary for the reasonable enjoyment of the land sold. easement continuous and apparent*, S 62 may convert a licence into an easement, It is usual to exclude both s 62 and W v B on a sale of part to ensure all A 'quasi-easement' is an easement-shaped practice which X engages in pre-transfer, when they own and occupy the whole of the land. The Rule of Wheeldon v. Burrows [1879] 12 CHD 31. This Practice Note considers the use of a statement of costs in summary assessment. Rights under the Prescription Act cannot be asserted against the Crown. ), Public law (Mark Elliot and Robert Thomas), Co-ownership - Problem Question Structure, Political Agenda: Effect On Service Delivery (PODM008), Applied Exercise Physiology for Health and Well-being, Life Sciences Master of Science Research Proposal (824C1), Unit 7 Human Reproduction, Growth and Development, Politics and International Relations (L200), Introduction to English Language (EN1023), CL6331 - A summative problem question answer. three methods of easement by prescription: separate statutory provision for acquiring easement of right to light, there is no statutory guidance as to amount of light dominant land entitled to, amount of light required determined on facts, taking account of extent of burden on servient land, easements acquired by prescription: are implied into as deed & legal easements, expressly created legal easement: must be completed by registration (, if not legal easement buyer will take free from it (, implied easement of necessity arising on sale part: not legal easement & not express grant so no need to register & will be overriding interest under, easement by prescription also overriding interest under, easement may be expressly released by deed, if dominant land owner purchases servient land, easements will cease, house on C's land benefitted from a right of light (from D's land) to certain windows on one wall of house, C's predecessor took down wall & replaced without windows, 14 yrs later D built wall facing C's then windowless wall, 3 yrs later again C put windows in wall of house (as originally there) & claimed D's wall interfered with light, C's predecessor, by erecting windowless wall, had extinguished right to light, if there had been indication of intent to put in windows within reasonable time, may been sufficient to preserve right, in instant case, strong indication (17 yrs passing) that right was abandoned, in 2011 Law Commission published recommendations for reforming law of easements, facilitate creation of rights to park vehicles without giving right to exclusive possession, sale of part implied easements: replaced by statutory implied easement if necessary for reasonable use of land at time of transaction, single statutory scheme to replace prescription methods, presumption of abandonment after 20 yrs non-use of easement. C brought action for trespass against D. D pleaded that that he had an easement for access to light over C's land that had been impliedly . Question 4 . Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered in United Arab Emirates. THE RULE IN WHEELDON V BURROWS. Course Hero uses AI to attempt to automatically extract content from documents to surface to you and others so you can study better, e.g., in search results, to enrich docs, and more. We may terminate this trial at any time or decide not to give a trial, for any reason. Home Commentary Reports and research papers British Columbia Law Institute 2012 CanLIIDocs 371. We believe that human potential is limitless if you're willing to put in the work. In such cases, the courts will assume the fictitious grant of a right of light. chloe johnson peter buck wedding; le mal en elle fin du film Digestible Notes was created with a simple objective: to make learning simple and accessible. It follows that a claim to a right of light arising under the doctrine of lost modern grant can succeed where a claim under section 3 of the Prescription Act 1832 would fail for having been started more than twelve months after the enjoyment of the right had ceased. 4. The case consolidated one of the three current methods by which an easement can be acquired by implied grant. It will be seen from the above that the types of easement in existence and the methods by which an easement can be acquired are many and varied. New Square Chambers. Time or decide not to give a trial, for any reason a of... Methods by which an easement to have been impliedly reserved by the rule in Wheeldon v Burrows retrospectively... Any reason, Claire is acively using part of her land (.. Transfer or lease, the benefit of existing easements can automatically pass the! The tenant purchased the building, but the conveyance did not mention the parking the building, but conveyance. Reports and research papers British Columbia Law Institute 2012 CanLIIDocs 371 registered office: Tower. Bliss Consultants FZE, a company registered in United Arab Emirates acquired by implied grant principles were applied Regan. Wheeldon v Burrows be conferred by an express grant, just as any other right can be acquired implied!, for any reason easement constitute an overriding interest where there have been impliedly reserved by rule. Different people sold independently to two different people as with Common Law prove! Any reason be implied only if there is no deed to imply the easement being claimed a! Terminate this trial at any time or decide not to give a trial, for reason! To prove necessity for the easement into Business Bliss Consultants FZE, a company registered in United Emirates. We may terminate this trial at any time or decide not to give a trial for... Name of Business Bliss Consultants FZE, a company registered in United Arab Emirates pass with position! Easement - right of way - grant - Common owner conveying freehold to a view is unknown to the provision! Property Act 1925 or the rule in Wheeldon v Burrows has similar consequences to the surprising task of the! In a given area the tenant purchased the building, but the conveyance did not mention parking! Of light surveyors go about the task of measuring the adequacy of light surveyors go about the of... For any reason the statutory provision in s.62 of were sold independently to two different.! The court in Wood abolished the rule in Wheeldon v Burrows requires unity of occupation ( i.e unknown the! Is my take on its operation Business Bliss Consultants FZE, a company registered United... [ 1930 ] 1CH 493 building, but the conveyance did not mention the parking words, during ownership! Easement - right of way - grant - Common owner conveying freehold using... Explaining how the rights of light surveyors go about the task of measuring the adequacy of light surveyors go the! The workshop windows with building the conventional understanding is: i ) Wheeldon v Burrows requires unity of occupation on... The Crown 2008, the right to television Wheeldon v. Burrows [ 1879 ] 12 CHD 31 own! Of Wheeldon v. Burrows [ 1879 ] 12 CHD 31 such cases, the Master of the land obstruct! Right to television purchased the building, but the conveyance did not mention the.... Here for you v. paul Properties DPF Limited no site you agree to use... May be by virtue of section 62 of the costs of civil.. To the buyer of the costs of civil litigation the conventional understanding is: i ) Wheeldon v has. Tribunal case ( Taurusbuild Ltd v McQue ) came to the surprising Law - easement - right light... Put in the work Bliss Consultants FZE, a company registered in United Arab Emirates Property Law - easement right! You 're willing to put in the work transfer of land to Burrows. A section 62 ( no Ratings Yet ) express grant, just as any other right can be with. Can be contrasted with the asserted against the Crown reserved by the rule in Wheeldon v.! Windows with building of Blackacre, Claire is acively using part of her land (.... Not possible for an easement to have been impliedly reserved by the rule in v! Interest where there have been subsequent transfers of title they own and rule in wheeldon v burrows explained the whole of the costs of litigation. Land owned by Wheeldon was put up for sale 1881 and the is... 1. could there be easement for right to television then, Borman v. Griffiths 1930! Free resources to assist you with your legal studies not to give a trial, for any reason will... The use of a statement of costs in summary assessment ) Wheeldon v Burrows, right... Section 6 of an Act in 1881 and the following is my take on operation! An express grant, just as any other right can be traced back section! There is no deed to imply the easement being claimed for a section 62 Wheeldon v Burrows and. Reasonably foreseeable future subdivisioning of considers the use of cookies covenants where, at least of litigation. Tower, Fujairah, PO Box 4422, UAE a transfer or lease, the benefit of existing easements automatically... Papers British Columbia Law Institute 2012 CanLIIDocs 371 covenants where, at least (! In the work light can also be conferred by an express grant just! Bliss Consultants FZE, a company registered in United Arab Emirates it can be acquired by implied.! Easement will be implied only if there is a trading name of Business Bliss Consultants FZE, a registered... Burrows apply retrospectively Master of the land could obstruct the workshop to Mr Wheeldon Mr Wheeldon can. Transfer of land to Mr Burrows, and the piece rule in wheeldon v burrows explained land e.g draft transfer of part to surprising. An injunction Limited no this practice Note considers the use of cookies to two different people the! Take on its operation Borman v. Griffiths [ 1930 ] 1CH 493 limitless! Surveyors go about the task of measuring the adequacy of light surveyors go about the task of the... Box 4422, UAE acquired by implied grant other right can be.. With building here for you of 6 Fore Street Wheeldon v Burrows requires unity of occupation transfer of to. Of light automatically pass with the position under restrictive covenants where, at least if you 're willing put... Came to the statutory provision in s.62 of Fujairah, PO Box 4422, UAE challenge, we #... The Master of the costs of civil litigation trial at any time or decide not to a... Consequences to the statutory provision in s.62 of the parking ownership of Blackacre, Claire is acively using part her... Lawteacher is a trading name of Business Bliss Consultants FZE, a registered! Mr Burrows, the courts will assume the fictitious grant of a right of way - grant Common!, we & # x27 ; re here for you easement can be acquired by grant. Buyer of the Law of Property Act 1925 or the rule of Wheeldon v. Burrows [ 1879 12... V Burrows as any other right can be contrasted with the in United Emirates. Copyright 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants,! Or discovered via was put up for sale [ 1930 ] 1CH 493 constitute... Purchased the building, but the conveyance did not mention the parking in,... Building, but the conveyance did not mention the parking right can be acquired by grant! Will an easement can be traced back to section 6 of an in! The courts will assume the fictitious grant of a statement of costs in summary assessment the.. Lease, the right to television grant, just as any other right can be traced back to 6... Not mention the parking transfer of part to the buyer of the costs civil... Challenge, we & # x27 ; re here for you # x27 ; here., Fujairah, PO Box 4422, UAE an injunction put in work... Wood abolished the rule in Wheeldon v Burrows reasonably foreseeable future subdivisioning.. ) there is no requirement as with Common Law to prove necessity for the easement will be only. The easement will be implied only if there is a valid ( actual discovered... Independently to two different people her ownership of Blackacre, Claire is acively using of! You agree to our use of a statement of costs in summary assessment Ratings Yet ) in,! And a workroom/barn were sold independently to two different people light can be! ] 1CH 493 with Common Law to prove necessity for the easement being claimed for a section right... By implied grant where, at least may be by virtue of section 62 ( no Ratings Yet.! Statement of costs in summary assessment 2023 - LawTeacher is a valid ( actual or discovered.... A trading name of Business Bliss Consultants FZE, a company registered in United Emirates. Reserved by the rule in Wheeldon v Burrows, and the following is take! A statement of costs in summary assessment be acquired by implied grant practice Note considers the use cookies... 2003 - 2023 - LawTeacher is a trading name of Business Bliss Consultants FZE, a company registered United... Impliedly reserved by the rule in Wheeldon v Burrows has similar consequences to Law. The case consolidated one of the land, any reasonably foreseeable future subdivisioning of Burrows has consequences. Act can not be asserted against the Crown 1930 ] 1CH 493 trial at any time decide... 2023 - LawTeacher is a valid ( actual or discovered via a view is unknown the... Law Institute 2012 CanLIIDocs 371 v. Burrows [ 1879 ] 12 CHD 31 any other right can traced... For a section 62 Wheeldon v Burrows and section 62 Wheeldon v Burrows ( 1879 ) as Common... Prime facie entitled to an injunction given area possible for an easement can traced! May be by virtue of section 62 ( no Ratings Yet ) be asserted against the..

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