The plaintiff sought rectification of its lease.
Held: The court ordered rectfication applying section 63(1): ‘I need not read any further. But [Counsel] submits, I think rightly so, that under that provision the transfer, which was a transfer of the freehold reversion, subject, of course, to the lease, from the original landlords to the present Plaintiffs, it is effective to pass such interest as there may be or may have been in the original landlords to have the lease rectified in the manner now sought to have it rectified.’
Judges:
Falconer J
Citations:
(1983) 268 EG 817
Statutes:
Law of Property Act 1925 63(1)
Cited by:
Cited – Harbour Estates Limited v HSBC Bank Plc ChD 15-Jul-2004
The lease contained a break clause. The parties disputed whether the benefit of the clause was personal to the orginal lessee, or whether it touched and concerned the land, and therefore the benefit of it passed with the land.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 14 May 2022; Ref: scu.263196