Sale of Land in UK Law

Leading Cases
  • Irani Finance Ltd v Singh
    • Court of Appeal (Civil Division)
    • 22 Jun 1970

    Even to hold that they have equitable interests in the land for a limited period, namely until the land is sold, would, we think, be inconsistent with the trust for sale being an "immediate" trust for sale working an immediate conversion, which is what the Law of Property Act envisages (see Section 205(1) (xxix)), though, of course, it is not in fact only such a limited interest that the Appellants are seeking to charge.

  • Jerome v Kelly (Inspector of Taxes)
    • House of Lords
    • 13 May 2004

    Neither the seller nor the buyer has unqualified beneficial ownership. Beneficial ownership of the land is in a sense split between the seller and buyer on the provisional assumptions that specific performance is available and that the contract will in due course be completed, if necessary by the Court ordering specific performance.

  • Raineri v Miles
    • Court of Appeal (Civil Division)
    • 06 Jul 1979

    At common law a term of a contract stipulating when the contract should be performed was always regarded as an essential term of the contract, but, as Lord Parker pointed out in Stickney v. Keeble, (1915) Appeal Cases, 586 at 415, in contracts for the sale of land equity, having a concurrent jurisdiction, did not look upon the stipulation as to time in precisely the same light.

  • Alexey Samarenko v Dawn Hill House Ltd
    • Court of Appeal (Civil Division)
    • 01 Dic 2011

    Moreover Robert Goff LJ clearly stated that non-payment of the deposit would entitle the seller to bring the contract to an end. This is demonstrated by the court's reliance in Damon on both ship contract and land contract cases. That decision is entirely consistent both with the nature of a deposit and with the general approach of the law to repudiation and renunciation of contracts.

  • Attorney-General v Blake (pet. all.)
    • House of Lords
    • 27 Jul 2000

    There is a light sprinkling of cases where courts have made orders having the same effect as an order for an account of profits, but the courts seem always to have attached a different label. A person who, in breach of contract, sells land twice over must surrender his profits on the second sale to the original buyer.

  • City of London Building Society v Flegg
    • House of Lords
    • 14 May 1987

  • Cedar Holdings Ltd v Green
    • Court of Appeal (Civil Division)
    • 09 Mar 1979

    In my judgment, upon the true construction of section 63 a beneficial interest in the proceeds of sale of land held upon the statutory trusts is not an interest in that land within the meaning of the section and a conveyance of that land is not effectual to pass a beneficial interest in the proceeds of sale.

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Books & Journal Articles
    • Núm. 16-3, Julio 1953
    • The Modern Law Review
    Book reviewed in this article: Law and the Laws, being the Marginal Comments of a Theologian. By Nathaniel Micklem, Principal of Mansfield College, Oxford. Cases on Church and State in the United S...
    ...... xxxi and 490 and (index) 18 pp. €2 7s. 6d.I THE SALE OF LAND. By EDWARD F. GEORGE, u.B., Solicitor. [London: Sweet ......
  • Acquiring Property Rights from Uncompleted Sales of Lane
    • Núm. 61-4, Julio 1998
    • The Modern Law Review
    ...... Acquiring Property Rights from Uncompleted Sales of Land Nicholas Hopkins* This article is concerned with the use of uncompleted sales of land as the source for the acquisition of proprietary rights. Until ......
  • Straight through Certainty and Out the Other Side: Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 and Proprietary Estoppel
    • Núm. 1-1, Enero 2011
    • Southampton Student Law Review
    • Charlotte Groom
    • 105-110
    In the quest for certainty in the disposition and transferral of interests in land, Section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 utilises formality at the expense of a wider...
    ...... sa t ion repr e se nt ed a n e nt ir ely ne w approach to the sale and t ransferral of l eg al and equit a bl e int e rests in land. 4 ......
  • Having Your Cake and Eating It? Union Eagle v Golden Achievement Ltd
    • Núm. 61-2, Marzo 1998
    • The Modern Law Review
    ...... considered whether equitable relief was available to a purchaser of land who had failed to meet a contractual time stipulation by a mere ten ... effect of rescission in the context of an ordinary contract for the sale of land where time was of the essence. Although the refusal of specific ......
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Law Firm Commentaries
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