It is not unusual for conveyances to say the same thing twice: ‘… I have never found the presumption against superfluous language particularly useful in the construction of leases. The draftsmen traditionally employ linguistic overkill and try to obliterate the conceptual target by using a number of words or phrases expressing more or less the same idea. I cannot therefore rely upon the language alone but must, as it seems to me, construe the words also by reference to the commercial effect which would be produced by one construction or the other.’
Judges:
Hoffmann J
Citations:
[1990] 1 EGLR 150
Jurisdiction:
England and Wales
Cited by:
Cited – GLN (Copenhagen) Southern Ltd v Tunbridge Wells Borough Council CA 27-Aug-2004
Neighbouring plots included covenants to use and not to use the land as cinemas. A proposed development would have used the land which had to be so used as an access for the new cinema proposed. The claimant sought to rely upon the Act to enforce a . .
Cited – Oceanic Village Ltd v United Attractions Ltd, Shirayama ChD 9-Dec-1999
The tenant sought an injunction against its neighbour and landlord to prevent it letting an adjoining property without a restriction similar to the one in its own lease. The claimants sought reassurance from the defendant tenants of the adjoining . .
Lists of cited by and citing cases may be incomplete.
Landlord and Tenant
Updated: 13 May 2022; Ref: scu.220499