Morgan Sindall plc v Sawston Farms (Cambs) Ltd
Language: English Series: Estates Gazette ; [1999] EG 7, 135-138(4)Publication details: 1999Subject(s): Summary: CA 3 December 1998. In 1991, M was granted an option to purchase a roadway at a price to be determined by a valuer acting as an expert. On 15 October 1996, the expert set the price at £130,000 in a non-speaking valuation. M`s valuer gave the road a low value as it was not required for development in the area. However, S`s valuer set a ransom value of £772,000. Nov 1996, S gave M a grant of right of way for all purposes for land M already owned. M then claimed the valuer`s determination was of no effect because: (1) the valuer must have used a ransom value approach and the RICS practice statements do not allow for inclusion of a `special purchaser` and (2) the valuer had valued the wrong subject matter, as M had limited rights of way under the deed of grant. "Held", appeal dismissed. 1-RICS practice statements are not mandatory in this type of valuation and one cannot assume the valuer`s reasoning. 2-The valuer valued what he was asked to value.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | London Journal article | ABS60162 (Browse shelf(Opens below)) | 1 | Available | 91580-1001 |
CA 3 December 1998. In 1991, M was granted an option to purchase a roadway at a price to be determined by a valuer acting as an expert. On 15 October 1996, the expert set the price at £130,000 in a non-speaking valuation. M`s valuer gave the road a low value as it was not required for development in the area. However, S`s valuer set a ransom value of £772,000. Nov 1996, S gave M a grant of right of way for all purposes for land M already owned. M then claimed the valuer`s determination was of no effect because: (1) the valuer must have used a ransom value approach and the RICS practice statements do not allow for inclusion of a `special purchaser` and (2) the valuer had valued the wrong subject matter, as M had limited rights of way under the deed of grant. "Held", appeal dismissed. 1-RICS practice statements are not mandatory in this type of valuation and one cannot assume the valuer`s reasoning. 2-The valuer valued what he was asked to value.