The phrase ‘a good marketable title’ must mean ‘to the property contracted to be sold’. It can have no other meaning. Where the contract is an open contract which describes the property in general terms without mentioning whether it is freehold or leasehold and without stating that it is subject to incumbrances, it means ‘to the fee simple free from incumbrances.’
Citations:
(1882) 9 QBD 616
Jurisdiction:
England and Wales
Cited by:
Cited – Barclays Bank Plc v Weeks Legg and Dean (a Firm); Barclays Bank Plc v Lougher and Others; Barclays Bank Plc v Hopkin John and Co CA 21-May-1998
The defendant solicitors had each acted for banks in completing charges over property. They had given the standard agreed form of undertaking to secure a good and marketable title, and the banks now alleged that they were in breach because . .
Lists of cited by and citing cases may be incomplete.
Land
Updated: 01 December 2022; Ref: scu.229221
