Home Page > Property Law Library > Property transactions > Rectification

Home Page
Contact
Editorial Team

Commercial lease code
Contaminated land
Contract
Deeds
Defective Premises Act
Deposits
Electronic Communications Code
EPCs in Commercial Properties
Execution
Failure to complete
Gifts of land
Guarantees and indemnities
Land registration
Local government
Misrepresentation and answers to enquiries
Money laundering
Notice to complete
Options
Overage
Planning obligations
Perpetuities
Positive covenants
Rectification
Rent charges
Searches and enquiries
Solicitors
Title
Undertakings
Unjust enrichment
Vendor's lien
Writing - s2 of 1989 Act

Current page






Rectification

Munt v Beasley
[2006] EWCA Civ 370

Facts

This case concerned a house divided into two flats. The freeholder landlord lived on the ground floor. The tenant held a long lease of and lived in the flat above. A recipe for disaster in many cases. The main dispute concerned the use of the roof space. The tenant had converted the loft so that he could make use of it. The landlord objected. As a matter of construction of the lease the loft space was not part of the demise.

Decision

The CA held that the lease should be rectified so as to include the loft. "Access to loft space" was expressly mentioned in the sales particulars and the landlord admitted in his evidence that he believed that the lease included the loft (see para 35).

The principle

The following statement of principle is to be found in the judgment of Mummery LJ:
    "I would also accept Mr Morshead's submission that the recorder was wrong to treat "an outward expression of accord" as a strict legal requirement for rectif ... THIS IS AN EXTRACT OF THE FULL TEXT. TO GET THE FULL TEXT, SEE BELOW

    Existing members, to login click => here
    If you have found this page useful, you may be interested in the following:

    Options
    Free Summaries £nil
    Full Membership From £207 + VAT (1 year)