The defendant estate agent was prosecuted for misdescribing the ability of his client to convey good title to the land offered. The seller did not initially have a registered possessory title to part of the land.
Held: The agent’s appeal succeeded: ‘In advertising a property for sale the estate agent is making no representation as to title. No reasonable person reading the particulars of the house and garden offered for sale could infer that any representation as to title was being made, still less as to the nature of the title. After all, these particulars, as is the almost invariable practice of such advertisements, were headed ‘subject to contract.’ A reasonable person would have appreciated that issues as to title would be dealt with during the process of conveyance.’
and ‘No reasonable person would have inferred any representation as to the nature or quality of the title to be conveyed. No reasonable person would have suspected that Mr Watson could not convey good title to the garden to the purchaser. The District Judge was correct in concluding that there were no reasonable grounds for suspicion and that accordingly the respondent was not guilty. I would dismiss this appeal.’
Moses LJ, Jackson J
[2007] EWHC 3194 (Admin)
Bailii
Property Misdescriptions Act 1991, Property Misdescriptions (Specified Matters) Order 1992
England and Wales
Citing:
Cited – J A Pye (Oxford) Ltd and Others v Graham and Another HL 4-Jul-2002
The claimants sought ownership by adverse possession of land. Once the paper owner had been found, they indicated a readiness to purchase their interest. The court had found that this letter contradicted an animus possidendi. The claimant had . .
Cited – J A Pye (Oxford) Ltd v The United Kingdom ECHR 30-Aug-2007
UK Advers Possession Law – Not Compliant
The claimant had said that the UK law which allowed it to lose land by virtue of twelve year’s occupation by a squatter, interfered with its right to ownership of property.
Held: The UK law on adverse possession did comply with the Convention. . .
Cited – Beaulane Properties Ltd v Palmer ChD 23-Mar-2005
The paper owner sought possession of land. The defendant said he had acquired a possessory title. The land was registered.
Held: The claimant’s human rights under article 1 were engaged. To be justifiable, the interference in that right had to . .
Lists of cited by and citing cases may be incomplete.
Updated: 23 September 2021; Ref: scu.271177