000 01634cab a22001935a 4500
001 E153573
008 110808e20110620xxk 000 0 eng d
035 _a(Sirsi) u153573
041 0 _aeng
245 0 0 _aMohamed Bashir v Mohammad Safraz Ali and Mohamed Arshad Khan
_h[electronic resource]
260 _c2011
520 _a[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.
590 _aKA
650 2 4 _aBASHIR V ALI AND KHAN
651 4 _aEngland and Wales
_y1543-
690 _aPROPERTY-ACQUISITION AND DISPOSAL OF PROPERTY
856 4 0 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2011/707.html
_zView the judgement free of charge at www.bailii.org
942 _n0
999 _c83317
_d83317