header-logo header-logo

Sale of land

16 April 2010
Issue: 7413 / Categories: Case law , Law digest
printer mail-detail

Northern Eastern Properties v Coleman and another [2010] EWCA Civ 277, [2010] All ER (D) 208 (Mar)

A party seeking to avoid a land contract under s 2 had to identify a term which the parties had expressly agreed, which was not to be found in the single, or exchanged, signed document. It was not sufficient merely to show that the land contract had formed part of a larger transaction which had been subject to other expressly agreed terms which were absent from the land contract.

 The expressly agreed term had to, if it was required by s 2 to be included in the single document, be a term of the sale of the land, rather than a term of some simultaneous contract (whether for the sale of a chattel or the provision of a service) which happened to take place at the same time as the land contract, and to form part of one commercial transaction.

Section 2(1) did not prohibit parties from structuring a transaction, for example, for the sale of the whole

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Quinn Emanuel—James McSweeney

Quinn Emanuel—James McSweeney

London promotion underscores firm’s investment in white collar and investigations

Ward Hadaway—Louise Miller

Ward Hadaway—Louise Miller

Private client team strengthened by partner appointment

NLJ Career Profile: Kate Gaskell, Flex Legal

NLJ Career Profile: Kate Gaskell, Flex Legal

Kate Gaskell, CEO of Flex Legal, reflects on chasing her childhood dreams underscores the importance of welcoming those from all backgrounds into the profession

NEWS
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
Professor Dominic Regan of City Law School highlights a turbulent end to 2025 in the civil courts, from the looming appeal in Mazur to judicial frustration with ever-expanding bundles, in his final NLJ 'The insider' column of the year
Antonia Glover of Quinn Emanuel outlines sweeping transparency reforms following the work of the Transparency and Open Justice Board in this week's NLJ
back-to-top-scroll