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Mitchem and Edmunds v Magnus Homes South West Ltd

Language: English Series: Property, planning & compensation reports ; [1997] 74 P&CR 235-245(11)Publication details: 1997Subject(s): Summary: CA 5 December 1996. Agreement to sell land to developer (Magnus) for housing project, subject to developer obtaining planning permission within a set timeframe. Agreement for service of notice to determine agreement if planning permission not obtained. Permission was not obtained and failure to service notice. The parties entered into further negotiations - permission obtained outside stated time. Developer sought to enforce agreement. Whether agreement still existing and the effect of failure to serve notice to determine. Whether developer continued to have an interest in the land after expiry of time limit. Appeal by developer dismissed. Developer ceased to have interest in the property once the first contract period as extended had expired.
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Law report London Journal article ABS57760 (Browse shelf(Opens below)) 1 Available 81596-1001

CA 5 December 1996. Agreement to sell land to developer (Magnus) for housing project, subject to developer obtaining planning permission within a set timeframe. Agreement for service of notice to determine agreement if planning permission not obtained. Permission was not obtained and failure to service notice. The parties entered into further negotiations - permission obtained outside stated time. Developer sought to enforce agreement. Whether agreement still existing and the effect of failure to serve notice to determine. Whether developer continued to have an interest in the land after expiry of time limit. Appeal by developer dismissed. Developer ceased to have interest in the property once the first contract period as extended had expired.