Application by Respondent to cancel unilateral notices on titles to 4 houses. Applicant claimed a contract of sale bound the Respondent’s titles. The issue was whether the contract had been rescinded by the Respondent. Held that the Respondent had validly served a notice to complete because he was ready able and willing to complete at the date of service. He was able to give vacant possession notwithstanding that a third party had parked his van on the site on the day of service. The title was not incumbered by third parties having made an unestablished claim to a right to park on the land. The failure of the Applicant to complete on the date specified in the notice was a repudiatory breach. The Respondent had accepted that breach and rescinded by notice served on the Applicant. The unilateral notice was to be removed.
Citations:
[2019] UKFTT 506 (PC)
Links:
Jurisdiction:
England and Wales
Registered Land
Updated: 15 September 2022; Ref: scu.645400