Where the title shown by a seller of land is less than perfect, the question is whether the risk to the purchaser is ‘so remote or so shadowy as to be one to which no serious attention need be paid . . the test must always be, would the court, in an action for specific performance at the instance of the vendors, force a title containing the alleged defect upon a reluctant purchaser?’
Sir Leonard Stone V-C
[1957] 1 WLR 91
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
Leading Case
Updated: 11 November 2021; Ref: scu.229218