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Option: construction of agreement

Series: Estates Gazette ; [2001] 25 EG 156 (CS) (23/06/01)Publication details: 2001Subject(s): Summary: "Smith and others v Royce Properties Ltd", CA 14 June 2001. Claimant trustees sold land within the green belt subject to a repurchasing option agreement which required planning permission to be granted within 20 years from the 1977 conveyance. The trustees retained ownership of an area of the land, which the council were subsequently willing to remove from the green belt providing certain requirements were met. The trustees were granted planning permission for a scheme and sought to exercise the option agreement. A dispute ensued over what land was covered by the option. The judge disagreed with the trustees definition of the option land and held that the option was not triggered by permission. The trustees appealed. "Held", appeal allowed. It was found that the planning permission granted was enough to allow the trustees to exercise their option.
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Item type Current library Call number Copy number Status Barcode
Law report London News article WB3725-28 (Browse shelf(Opens below)) 1 Available 113334-1001

"Smith and others v Royce Properties Ltd", CA 14 June 2001. Claimant trustees sold land within the green belt subject to a repurchasing option agreement which required planning permission to be granted within 20 years from the 1977 conveyance. The trustees retained ownership of an area of the land, which the council were subsequently willing to remove from the green belt providing certain requirements were met. The trustees were granted planning permission for a scheme and sought to exercise the option agreement. A dispute ensued over what land was covered by the option. The judge disagreed with the trustees definition of the option land and held that the option was not triggered by permission. The trustees appealed. "Held", appeal allowed. It was found that the planning permission granted was enough to allow the trustees to exercise their option.