||All England Reporter
|| All ER (D) 117 (Mar)
|| EWCA Civ 233
||Court of Appeal, Civil Division
Arden, Black LJJ and Sir John Chadwick
||Andrew Charman (instructed by Gateley LLP) for the claimant.
||Edward Pepperall (instructed by Shoosmiths) for the defendant.
||1 March 2012
Sale of land - Purchaser's lien - Claimant leaseholder contracting to sell leasehold back to defendant freeholder - Purchase price not paid - Claimant obtaining judgment establishing unpaid seller's lien over property - Defendant appealing - Whether lien compatible with contract of sale.
Sale of land Purchaser's lien. The Court of Appeal, Civil Division, held that the judge erred in finding that an unpaid seller's lien had arisen where the defendant company, in administration, had failed to pay the balance of the purchase price on a leasehold, inter alia on the ground that the lien was incompatible with the commercial intention of the parties to merge the leasehold with the freehold interest on completion.
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