Shiloh Spinners v Harding [1973]

Facts

  • Dispute over the enforceability of rights of re-entry and the Land Charges Act 1925 (now the Land Charges Act 1972)

Issue

  • Could a right of re-entry be enforced where it was not recordable within the exhaustive list of Land Charges Act charges?

Decision

  • Yes

Reasoning

  • It would become a residuary equitable interest subject to the doctrine of notice
  • Claim failed due to previous breaches of covenant¬†(equitable remedies are discretionary)
RELATED CASE  Swift Investments v Combined English Stores Group [1989]

Posted in Land Law Revision Notes.

This page was last updated on 3rd February 2015

© 2020 Webstroke Law - Terms and Privacy Policy