000 01509cab a2200205 4500
001 ABS41623
008 090401t1989 xxu||||| |||| 00| 0 eng d
035 _a(Sirsi) u31230
041 _aeng
245 _aPhillips v Mobil Oil Co Ltd
260 _c1989
350 _a0
490 _aAll England Law Reports
_v(1989) 3 All ER 97-102(6)
520 _aCA 19 May 1989. By a lease dated 12 August 1961 a company R, the original lessor, granted to the defendant (M) a lease of a petrol filling station for 25 years to expire in May 1986. The lease contained a covenant to grant the lessee a further 25 years. In 1971 R sold the property to V who in 1976 sold it to B. In 1981 M granted a three year underlease to the plaintiff`s (P) company. In 1983 B as mortgagees sold the freehold to P personally hence P owned the freehold subject to the 1961 lease and his company occupied the property as undertenant to M. In 1985 M exercised their option to renew the lease but P declined on the grounds that the covenant had never been registered with the lands charges register and he issued a writ claiming that the renewal option was void. This was backed by HC and M appealed. CA dismissed the appeal on the grounds that the lease renewal covenant came under Land Charges Act 1925 s10 and was not valid if not registered. However it was to be noted that the
650 _aLAND CHARGES ACT 1972
650 _aOTTER V NORMAN
690 _aPROPERTY LAW AND PRACTICE-CASE LAW
942 _n0
948 _c04/03/1997
999 _c20978
_d20978