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Clowes Developments (UK) Ltd v Mulchinock

Language: English Series: Weekly Law Reports ; [1998] 1 WLR 42-52(11)Publication details: 1998Subject(s): Summary: ChD 26 March 1997. The plaintiff entered into a contract for sale to the defendant of a plot of land on a small estate and for the erection of a dwelling-house on the plot. The contract provided that the transaction was to be legally completed within 14 days of notice being given to the defendant`s solicitors that the dwelling-house was substantially completed. The draft transfer annexed to the contract contained a covenant by the plaintiff that the road abutting on the plot would be left in a state fit to be taken over by the local authority as a highway. The defendant became dissatisfied with the lack of progress and registered a caution to protect his interests. The defendant also learnt that the plaintiff did not own the land necessary to provide visibility splays required by the highway authority. The defendant failed to comply with notices to complete and served on the plaintiff a notice to complete a reduced price to compensate. Motion to vacate caution. Held.
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Law report London Journal article X88800 (Browse shelf(Opens below)) 1 Available 83192-1001

ChD 26 March 1997. The plaintiff entered into a contract for sale to the defendant of a plot of land on a small estate and for the erection of a dwelling-house on the plot. The contract provided that the transaction was to be legally completed within 14 days of notice being given to the defendant`s solicitors that the dwelling-house was substantially completed. The draft transfer annexed to the contract contained a covenant by the plaintiff that the road abutting on the plot would be left in a state fit to be taken over by the local authority as a highway. The defendant became dissatisfied with the lack of progress and registered a caution to protect his interests. The defendant also learnt that the plaintiff did not own the land necessary to provide visibility splays required by the highway authority. The defendant failed to comply with notices to complete and served on the plaintiff a notice to complete a reduced price to compensate. Motion to vacate caution. Held.