Mohamed Bashir v Mohammad Safraz Ali and Mohamed Arshad Khan [electronic resource]
Language: English Publication details: 2011Subject(s): Online resources: Summary: [2011] EWCA Civ 707, 20 June 2011. Concerns a case where a property was sold at auction with an inaccurate description. The sale particulars indicated that the property consisted of a ground floor retail property and a first floor flat. Both the sellers (MSA and MAK) and the buyer, MB, believed this to be correct. In fact, the property also included a ground floor studio flat. The purchaser, MB, was appealing against a previous decision that the contract should be executed to sell the flat to MB subject to a 125 year lease on both the ground floor and first floor flats. "Held": there should be no interference with the language used in the documentation: the sale was of the registered freehold title to the property subject to the only two tenancies identified in the documentation: namely the existing shop lease and the lease-back of the first floor flat. The previous Judge's interpretation involves subjecting the sale to an incumbrance which is nowhere mentioned, and the appeal was therefore allowed.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Law report | Virtual Online | ONLINE PUBLICATION (Browse shelf(Opens below)) | 1 | Available | 153573-2001 |
[2011] EWCA Civ 707, 20 June 2011. Concerns a case where a property was sold at auction with an inaccurate description. The sale particulars indicated that the property consisted of a ground floor retail property and a first floor flat. Both the sellers (MSA and MAK) and the buyer, MB, believed this to be correct. In fact, the property also included a ground floor studio flat. The purchaser, MB, was appealing against a previous decision that the contract should be executed to sell the flat to MB subject to a 125 year lease on both the ground floor and first floor flats. "Held": there should be no interference with the language used in the documentation: the sale was of the registered freehold title to the property subject to the only two tenancies identified in the documentation: namely the existing shop lease and the lease-back of the first floor flat. The previous Judge's interpretation involves subjecting the sale to an incumbrance which is nowhere mentioned, and the appeal was therefore allowed.