The law relating to building : with precedents of building leases and contracts and other forms connected with building and the statute law relating to building with notes and cases under the various sections / by Judge Emden ; assisted by Henry Johnston.

  • Alfred Charles Emden
Date:
1895
Catalogue details

Licence: Public Domain Mark

Credit: The law relating to building : with precedents of building leases and contracts and other forms connected with building and the statute law relating to building with notes and cases under the various sections / by Judge Emden ; assisted by Henry Johnston. Source: Wellcome Collection.

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    but not coloured, was held to pass under the word ‘yards,’ which was used in the general words.^ So where land is sold for building by reference to a plan accompanying the particulars, which is incorrect, it will be a material consideration with the Court whether the purchaser was misled by such plan.^ If accurate, it is merely tantamount to a view of the property.^ Should the purchaser be misled by the plan which represents adjoining land as forming part of the property, the Court may refuse to enforce the contract.* Where lot i was described as building ground, and was ex- pressed to be sold subject to the rights of way reserved by the existing leases of adjoining property 2, and the particulars contained plans which disclosed a carriage way reserved over lot I to 2, and also a foot-way reserved over lot i to another lot 3, but gave no indication of a7iother foot-way reserved over lot i to 2, the misdescription was held sufficient to entitle the pur- chaser to rescind the contract.-’’ And where the owner put up the whole of an estate, except a small piece of land, for sale in lots, subject to restrictive covenants as to the class of buildings to be erected thereon, and the different lots were coloured, arid the excepted piece of land was uncoloured, but was not marked with the vendor’s name, though the names of the adjoining owriers were printed, the Court refused to enforce the contract against a purchaser of one of the lots, who had purchased in the belief that the whole of the vendor’s estate was included in the particulars of sale, unless the vendor entered into similar restrictive covenants as to the excepted plot.® A plan if referred to by an instrument, must be read along with it, and be looked to for the purpose of explaining it.'^ But the mere exhibition of a plan does not amount to a representa- tion or warranty that all the ground exhibited in the plan shall be put, or shall continue, in the same state in which it was exhibited upon the plan ; ® and, on the lease or sale of building land, the exhibition on the plan of intended roads or other improvements on the adjacent land, does not bind the lessor > Willis V. Watney, 51 L. J. Ch. 181 ; 45 L. T. 739; 30 W. R ^24* » Ibid. Weston V. Bird, 2 W. R. 145 ; Denny v. Hancock, L. R. 10 Ch ^p. I . 4 Bing. N. C. 463 ; 6 Scott, 320. See Att.-Gen. v II Ch. Div. 327 : Ashbumerv. Sewell, [1891 3^Ch. 405 , 60 L. J. Ch. 784 ; 65 L. T. 524; 40 W. R. 169 ; 7 T. L. R “ Baskcomb w. Beckwith, L. R. 8 Eq. 100, and see post, p. 197. n Lincolnshire RailLy Co. 2 kni 77? j u : T J- See Tulk v. l^Lhay 8 ^ ^ *°5 ; i8 L. T. Ch. 85. ^T^V*893] I Ch. 19s; 62 L. J. Ch. 172; 67 L T 7 3> 41 R. 156. See/oj-/, Chap. XX. as to restrictive covcnams Chap.V. Agreement for Building Lease, and Description of Building Land by Plans. Reference to an incorrect plan on sale of building land. Where plan represents intended state, &c., of adjoining land.
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