Section 2 of the 1989 Act had to bite at the point where a party could be compelled, in certain circumstances, which could or could not come about, to sell or dispose of an interest in land. The agreement here contained in effect an option for the council to nominate a housing association to which Jelson was required to convey land at a price and on conditions contained in the schedules. As the relevant parts of the agreement did, but for the section, commit Jelson to convey the property, they were of no effect since they lacked the signature of the purchaser.
Citations:
[1999] 3 EGLR 91, (2000) JPL 203
Statutes:
Law of Property (Miscellaneous Provisions) Act 1989 2, Town and Country Planning Act 1990 106
Jurisdiction:
England and Wales
Citing:
Appeal from – Jelson Ltd v Derby City Council ChD 30-Jun-1999
Agreements under the planning acts remained subject to the general law requiring formalities for contracts for the sale of land. Where two landowners had an understanding as to the expectations for the division of responsibility for provision of . .
Cited by:
Not Followed – R G Kensington Management Co Ltd v Hutchinson IDH Ltd ChD 2003
Neuberger J decided that he could not follow the court in Jelson, saying: ‘The defendant’s case is that the reference to ‘the parties’ in s.2(3) is to the parties to the proposed conveyance or transfer. Two strands of authority are put forward as . .
Doubted – Nweze and Another v Nwoko CA 29-Mar-2004
The parties had settled their dispute in an oral compromise agreement under which it was agreed that land would be sold at the best price reasonably obtainable. One now argued this was unenforceable as an agreement for the disposal of land requiring . .
Doubted – Milebush Properties Ltd v Tameside Metropolitan Borough Council and Others ChD 13-May-2010
The claimant sought a delaration that it had a right of way over an access road. The defendants said that the agreement fell foul of the 1989 Act.
Held: The claimant was not entitled to the declaration. Agreements under the 1990 Act are . .
Lists of cited by and citing cases may be incomplete.
Land, Planning
Updated: 18 July 2022; Ref: scu.235523
