These legal incidents alone would appear to activate the restrictive covenant at the Higgs Centre which reads: "It shall be deemed reasonable for the charity to withhold its consent to a proposed disposal (irrespective of whether the landlord's consent shall have been obtained) if the proposed disponee
is a person, firm, company or other entity which has, in the period of five years immediately preceding the date of this deed, either actually served proceedings upon and/ or threatened to serve proceedings upon the charity or if the proposed disponee
is a person, firm, company or other entity which is either a member of the same group of companies and/or is under the same ultimate control as and/ or otherwise associated with the litigant.
247) Yet two of the statutory standards which ensure that a prescriptive easement constitutes an 'overriding interest' concentrate on whether the disponee
had notice or would have had notice on reasonable inspection.
If the recipient did dispose of the property and is now impecunious, the forced heirs may challenge the disponee
, whether he took by gift or by purchase for value, with or without notice, unless the heirs consented to the disposition inter vivos.
Reentailing his inheritance, Baron Bradwardine literally resigns his fee to the Hanoverian succession "in favorem," that is, "for the express purpose of its re-grant to the disponee
as a new vassal.
Attorneys are not disponors of property (for example, a seller), or disponees
(for example a buyer) and therefore both the donor of a power (the person who has appointed the attorney) and their attorney are separate persons, for the purpose of our identity requirements.