Vendor and purchaser: rectification
Vendor and purchaser: rectification
- 2002
- Estates Gazette [2002] 17 EG 154 (CS) (27/4/02) .
"Swainland Builders Ltd v Freehold Properties Ltd", CA 12 April 2002. Appeal by the defendant purchaser (F) against the judge's decision to grant rectification of the transfer of the freehold interest in a property by the claimant vendor (S) to F. F argued that by initially pleading two alternatives, S had shown that there was no common intention and that the consequence of rectification would result in a party being in breach of the Landlord and Tenant Act 1987 s10A and would thus amount to a breach of public policy. Appeal dismissed; rectification was not regarded as inconsistent with the parties' common intention and the 1987 Act did not present an obstacle to rectification.
RECTIFICATION
COMMON INTENTION
FREEHOLD
SWAINLAND BUILDERS V FREEHOLD PROPERTIES
LANDLORD AND TENANT ACT 1987
"Swainland Builders Ltd v Freehold Properties Ltd", CA 12 April 2002. Appeal by the defendant purchaser (F) against the judge's decision to grant rectification of the transfer of the freehold interest in a property by the claimant vendor (S) to F. F argued that by initially pleading two alternatives, S had shown that there was no common intention and that the consequence of rectification would result in a party being in breach of the Landlord and Tenant Act 1987 s10A and would thus amount to a breach of public policy. Appeal dismissed; rectification was not regarded as inconsistent with the parties' common intention and the 1987 Act did not present an obstacle to rectification.
RECTIFICATION
COMMON INTENTION
FREEHOLD
SWAINLAND BUILDERS V FREEHOLD PROPERTIES
LANDLORD AND TENANT ACT 1987