A section 38 agreement was an overriding interest, and created a public right which was binding on purchaser.
England and Wales
Appeal from – Overseas Investment Services Ltd v Simcobuild Construction Ltd and Another CA 21-Apr-1995
Grant of s38 rights in a Highways agreement didn’t operate as grant of future public rights of way, nor create an overriding interest. . .
Lists of cited by and citing cases may be incomplete.
Updated: 05 June 2022; Ref: scu.84498