000 02297cam a2200265 4500
001 ABS68058
008 040727n2004 000 0 eng u
035 _a(Sirsi) u126948
245 _aPortsmouth City Football Club Ltd v Sellar Properties (Portsmouth) Limited
260 _c2004
520 _a[2004] EWCA Civ 760, 10 March 2004. An option agreement between owners of adjacent land, respondent football club (P) and claimant developer (S), defined the purchase price payable by P to buy the land for its new stadium to include a deduction for a public footpath with potential ransom value, which crossed the whole site. Any of the allowance that S had to pay the local authority in this connection should be passed onto P. A £2m purchase price was agreed with an allowance of £1.1m minus X, X being the cost to S for the local authority consent for the crossing. The judge held X to be nil and that £1.1m allowance should be deducted. S appealed on the basis that the £4.25m it paid for the crossing and certain other land (the B land) should be apportioned equally so that X exceeded £1.1m and the allowance was accordingly nil. "Held": appeal allowed. The consent required in the definition of X was wrongly construed to be restricted only to the local authority's consent as highway authority, for which nothing had been paid, as the authority owned the land over which the footpath passed. Common sense suggested that the price payable for the B land and the crossing should be apportioned between both parties in substantially equal shares. X therefore exceeded £1.1m and the allowance was nil. View judgment at www.bailii.org.
590 _aABS
590 _aABS
590 _aABS
650 _aPORTSMOUTH CITY FOOTBALL CLUB LTD V SELLAR PROPERTIES (PORTSMOUTH) LTD
650 _aPURCHASE PRICE
650 _aSALE OF LAND
650 _aRANSOM VALUE
650 _aRANSOM STRIPS
690 _aPROPERTY AND LAND LAW-CASE LAW
856 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2004/760.html
_zView the judgment on BAILII websiteƯ
856 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2004/760.html
_zView the judgment on BAILII websiteƯ
856 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2004/760.html
_zView the judgment on BAILII websiteƯ
942 _n0
999 _c117777
_d117777