Bechel and Another v Kitsford Holdings Ltd
Bechel and Another v Kitsford Holdings Ltd
- 1989
- Estates Gazette (1989) 10 EG 105-106(2) .
ChD 28 July 1988 Motion by Bechel and Another (B) for an order vacating a caution registered at the Land Registry against a property in East London which B had contract ed at auction to sell to Kitsford Holdings Ltd (K). After a series of delays in completion, notice was eventually served by B which K failed to comply with. K then complained of a substantial misdescription as to the size of the property. Finally, B stated that they were rescinding the contract and forfeiting the deposit. K submitted that the completion notice was invalid due to the misdescription and registered a caution to protect its interest under the contract. ChD held that the completion notice was valid and effective. The description of the area in the particulars did not affect the title and was not a feature of the conveyance. If there were a question of misdescription of area to be determined, this might lead to an abatement of the purchase price, but B were ready and willing to fulfil their contract. There
SALE OF LAND
ChD 28 July 1988 Motion by Bechel and Another (B) for an order vacating a caution registered at the Land Registry against a property in East London which B had contract ed at auction to sell to Kitsford Holdings Ltd (K). After a series of delays in completion, notice was eventually served by B which K failed to comply with. K then complained of a substantial misdescription as to the size of the property. Finally, B stated that they were rescinding the contract and forfeiting the deposit. K submitted that the completion notice was invalid due to the misdescription and registered a caution to protect its interest under the contract. ChD held that the completion notice was valid and effective. The description of the area in the particulars did not affect the title and was not a feature of the conveyance. If there were a question of misdescription of area to be determined, this might lead to an abatement of the purchase price, but B were ready and willing to fulfil their contract. There
SALE OF LAND