Source: All England Reporter
Publisher Citation: [2002] All ER (D) 370 (Jul)
Neutral Citation: [2002] EWCA Civ 1079
Court: Court of Appeal, Civil Division

Auld, Robert Walker and Arden LJJ

Representation Derek Wood QC and Stephen Pritchett (instructed by Cobbetts) for the claimant.
  John McGhee (instructed by Eversheds) for the defendant.
Judgment Dates: 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.

The Case

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.

Practice Areas

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