The decision in Englewood Properties Ltd v Patel [2005] EWHC Civ 128; [2005] PLSCS 26 was reached within the scope of the duty to impose covenants on purchasers of adjoining properties where that duty was not imposed by the contract of sale. The purpose of the principle of duty is to preserve what is sold, and not to impose obligations upon the seller in respect of other properties that it owns.
However, one cannot help sympathise with the buyers. They faced difficulties because of the seller’s failure to prepare sale documents of adjoining properties incorporating the necessary protective provisions.
Laurie Heller is a senior consultant at Berwin Leighton Paisner
The decision in Englewood Properties Ltd v Patel [2005] EWHC Civ 128; [2005] PLSCS 26 was reached within the scope of the duty to impose covenants on purchasers of adjoining properties where that duty was not imposed by the contract of sale. The purpose of the principle of duty is to preserve what is sold, and not to impose obligations upon the seller in respect of other properties that it owns.
However, one cannot help sympathise with the buyers. They faced difficulties because of the seller’s failure to prepare sale documents of adjoining properties incorporating the necessary protective provisions.
Laurie Heller is a senior consultant at Berwin Leighton Paisner