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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)
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