Weekly review: 7th – 11th January 2013

Contract: formalities (England and Wales): rectification

An obligation to purchase property could not be implied into the written agreement purely on the basis that the agreement was signed by the person identified in the written agreement as the purchaser. Nor could the written agreement be rectified in this regard to reflect an earlier oral agreement (Francis v F Berndes Ltd).

Adverse possession: beneficiary: trustee

A beneficiary can be in adverse possession as against a bare trustee (Bridges v Mees).

Adverse possession: acknowledgement of title given after the end of the limitation period: compromise

An acknowledgement of title given after the end of the limitation period is, in principle, ineffective. Where, however, it was given as part of a genuine compromise agreement then the squatter may be estopped from denying the acknowledgement (Colchester BC v Smith).

Contract: construction: interpretation: plan for identification only

Especially where a plan is said to be for identification purposes only, it has to be interpreted in the light of significant physical features on the land and of the rest of the instrument (Brown v Pretot).

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s


%d bloggers like this: