Walsh v Lonsdale 21 Ch D 9 is an English property law

English property law

English property law refers to the law of acquisition, sharing and protection of wealth in England and Wales. Property law can refer to many things, and covers many areas. Property in land is the domain of the law of real property. The law of personal property is particularly important for...

 case about the effect of the Judicature Acts

Judicature Acts

The Judicature Acts are a series of Acts of Parliament, beginning in the 1870s, which aimed to fuse the hitherto split system of courts in England and Wales. The first two Acts were the Supreme Court of Judicature Act 1873 and the Supreme Court of Judicature Act 1875 The Judicature Acts are a...

. It is the authority for the equitable maxim that "Equity regards as done that which ought to be done". It created the doctrine of anticipation, whereby a specifically performable agreement to create or transfer a property right will be good in equity, even if not finally effective in law.

Facts

Mr Lonsdale agreed to lease Mr Walsh a mill for seven years. Rent varied with the number of looms being operated, but there was a minimum, paid yearly in advance. The lease was not in fact granted, yet Mr Walsh moved in and began paying quarterly rent in arrears. Mr Lonsdale demanded payment in advance and levied distress for non payment of rent. If the terms of the agreement were enforceable, then Lonsdale had acted lawfully.

Judgment

The Court of Appeal held that as it now had jurisdiction to apply equitable principle, it would regard that as done which ought to be done, and so the lease had been effective in absence of the formality. Lord Jessel MR said the following.

Significance

The Walsh v Lonsdale principle is now embodied in the recognition by the courts of the equitable lease.