Source: All England Reporter
Publisher Citation: [2002] All ER (D) 393 (Oct)
Neutral Citation: [2002] EWHC 2195 (Ch)
Court: Chancery Division
Judge:

Judge Richard Seymour QC

Representation Mark Warwick (instructed by Lionel J Lewis & Co) for the claimant.
  Nicholas Caddick (instructed by Nicholsons) for the defendants.
Judgment Dates: 25 October 2002

Catchwords

Sale of land - Contract of sale - Option to purchase land - Intention of parties - s 62.

The Case

In determining whether any, and if so, what, rights passed under a transfer by virtue of s62 of the it was necessary to have regard to the intentions of the parties as to what rights, if any, were to pass. The burden, however, fell on the party asserting that it had not been the intention of the parties to prove that s62 of the 1925 Act should not have the effect it would otherwise have had.

Practice Areas

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