||All England Reporter
|| All ER (D) 370 (Jul)
|| EWCA Civ 1079
||Court of Appeal, Civil Division
Auld, Robert Walker and Arden LJJ
||Derek Wood QC and Stephen Pritchett (instructed by Cobbetts) for the claimant.
||John McGhee (instructed by Eversheds) for the defendant.
||25 July 2002
Sale of land - Covenant - Purchaser's covenant - Option agreement containing covenant by purchaser to provide sewers and drains to vendor's retained land - Transfer agreement not containing covenant - Vendor contending purchaser agreeing to remain bound by terms of covenant - Judge finding vendor entitled to rely on covenant in option agreement - Whether judge in error.
On the facts of the instant case, the judge had been entitle to conclude that although a covenant to provide drainage connections to adjoining land had been included in an agreement giving the defendant an option to purchase the claimant's land, but excluded from the subsequent transfer agreement, the defendant had remained bound by the obligations under the covenant.
- An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary