As soon as the parties sign a valid specifically enforceable contract, the buyer acquires an ‘estate contract’ giving the purchaser the right to require [...]of the contract, as against the vendor and (if duly protected) any subsequent owner of the legal estate. However, as held recently by the Supreme Court, in Scott v Southern Pacific Mortgages Ltd [2014] UKSC 52, the specifically enforceable contract to grant an estate does not give the intended purchaser a proprietary right in the estate (that would allow him to grant rights to third parties) but only an equitable right to require specific performance of the contract (a point we return to at para 3.8). This equitable right can be protected against third parties. The method of doing this varies depending upon whether it has been created over registered or unregistered land.
Answer
specific performance
Tags
#estates #freehold #land #law
Question
As soon as the parties sign a valid specifically enforceable contract, the buyer acquires an ‘estate contract’ giving the purchaser the right to require [...]of the contract, as against the vendor and (if duly protected) any subsequent owner of the legal estate. However, as held recently by the Supreme Court, in Scott v Southern Pacific Mortgages Ltd [2014] UKSC 52, the specifically enforceable contract to grant an estate does not give the intended purchaser a proprietary right in the estate (that would allow him to grant rights to third parties) but only an equitable right to require specific performance of the contract (a point we return to at para 3.8). This equitable right can be protected against third parties. The method of doing this varies depending upon whether it has been created over registered or unregistered land.
Answer
?
Tags
#estates #freehold #land #law
Question
As soon as the parties sign a valid specifically enforceable contract, the buyer acquires an ‘estate contract’ giving the purchaser the right to require [...]of the contract, as against the vendor and (if duly protected) any subsequent owner of the legal estate. However, as held recently by the Supreme Court, in Scott v Southern Pacific Mortgages Ltd [2014] UKSC 52, the specifically enforceable contract to grant an estate does not give the intended purchaser a proprietary right in the estate (that would allow him to grant rights to third parties) but only an equitable right to require specific performance of the contract (a point we return to at para 3.8). This equitable right can be protected against third parties. The method of doing this varies depending upon whether it has been created over registered or unregistered land.
Answer
specific performance
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