000 01513cam a2200253 4500
001 ABS66555
008 030331n2003 000 0 eng u
035 _a(Sirsi) u121788
245 _aWilson and another v Truelove and another
260 _c2003
490 _aEstates Gazette
_v [2003] 23 EG 136-139(4)
520 _aChD, 21 February 2003. Claimants (W) purchased the freehold of a farm from a company controlled by defendants (T). Cl3 of the contract gave T the right in certain circumstances to re-purchase the property with no time limit prescribed for the exercise of the right. W made application to vacate the land charge in respect of the right to re-purchase, arguing that the right was void and of no effect by reason of the Perpetuities and Accumulations Act 1964 s9(2). T argued that if the right was void, the contract must be rectified, alternatively W were estopped from relying on s9(2) of the Act. "Held" claim allowed and the registration of the land charge vacated. W were not estopped from relying on s9(2) to avoid a right of re-purchase unlimited in time and there was no case for rectifying the contract.
590 _aABS
650 _aWILSON AND ANOTHER V TRUELOVE AND ANOTHER
650 _aTIME LIMITS
650 _aRECTIFICATION
650 _aPERPETUITIES AND ACCUMULATIONS ACT 1964 S9(2)
650 _aESTOPPEL
650 _aRIGHT OF RE-PURCHASE
650 _aCONDITIONS OF SALE
650 _aLAND CHARGES
690 _aPROPERTY AND LAND LAW-CASE LAW
942 _n0
999 _c72380
_d72380