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Landlord and tenant: break clause

Language: English Series: Estates Gazette Case Summaries ; [1997] EGCS 97 (28/6/97)Publication details: 1997Subject(s): Summary: "Nocton Ltd v Water Hall Group" ChD 19 June 1997. The owner of a quarry granted a lease to a tenant containing a clause entitling the tenant to break the lease when all limestone `capable of extraction has been removed`. Once the limestone became uneconomical to extract the tenant gave notice. The tenant contended that `capable of extraction` meant economically rather than physically capable. Judgment for the landlord.

"Nocton Ltd v Water Hall Group" ChD 19 June 1997. The owner of a quarry granted a lease to a tenant containing a clause entitling the tenant to break the lease when all limestone `capable of extraction has been removed`. Once the limestone became uneconomical to extract the tenant gave notice. The tenant contended that `capable of extraction` meant economically rather than physically capable. Judgment for the landlord.