Purchaser of land had failed to contest application for possessory title

By: Mark Tottenham BL

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High Court dismisses a claim by a purchaser of land against a vendor, where possessory title to a portion of the land was registered in the name of a third party after it had been transferred to the purchaser, on the grounds that: (a) the evidence suggested that the vendor's title to the property had not been extinguished by the time of the transfer; and (b) any losses suffered by the purchaser in losing title to the disputed property were occasioned by its failure to contest the third party's application for possessory title.

Purchase of property - claim for damages - whether first Defendant owner of all of land included in sale - whether lands had been acquired by second defendant by adverse possession - 2005 contract - transfer in Dec 2005 - planning application in 2006 - claim by second defendant that it owned portion of property - 2010, second defendant registered as owner - plaintiff company in receivership in 2010 - claim issued in 2012 - rescission - damages for breach of contract - errors in replies to requisitions - history of title - ownership of disputed property - implied covenants for title - whether first defendant had good title to disputed property at the date of the contract - covenant for quiet enjoyment.

Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.

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