23. In most cases, these are total or partial restrictions that have become de facto complete. Only Breams Property Investment Co Ltd/Strougler [1948] 2KB 1 and Re Midland Railway [1971] 1 Ch 725 concerned partial restrictions considered not repugnant. Legal Aid for the Accused: In Re Midland Railway Company`s Agreement, [1971] J.C. 732-33. While Lord Templeman seemed satisfied with the outcome of the Prudential decision, Lord Browne-Wilkinson did not share his view. He said the outcome of the case was “unsatisfactory” and did not require the parties` agreement. He said: “No one has presented a satisfactory justification for the birth of this rule. No one has been able to indicate a useful purpose that it serves today” and he asked the legal commission to check whether the rule should continue to work in English law. 47.

See Lord Browne-Wilkinson`s remarks on prudential Insurance`s unsatisfactory result: “It is difficult to think of a more unsatisfactory result or a result further from what the parties to the 1930 agreement might have envisaged. Of course, it was not an outcome that their treaty, had it entered into force, would never have been possible. If the 1930 agreement had fully entered into force, there would never have been a time when the conservation of the rest of No. 263-5 would remain without a road front. “, [1992] 3 All 504 to 511.512. 1906] 2 K.B 167, 170-171. It is interesting to note that the Irish courts do not seem to be concerned by such cases and are prepared for leases of an uncertain duration of the case in Bois v.Davis (1879) 6 L.R. Ir. 50 found where the landlord agreed that the tenants should not be disturbed “as long as the rent he had set is paid, and as long as I [the landlord] is in possession of the premises themselves.” Such an agreement was validated, creating a tenancy agreement for the life of the tenant if the estate of the lessor lasted so long. In 1930, The London County Council leased a strip of land to Mr. Nathan for $30 a year through a sale and lease concession. The agreement stated that the lease agreement should be maintained until the Council requested the land for road widening.

Nathan was allowed to build temporary one-storey buildings in the countryside. The agreement was supposed to be temporary, but the widening of the road never stagnated and the occupation lasted more than 60 years.

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