News 4
Q&As
Will a purchaser's lien bind a successor in title of the seller? Can the lien be protected by a unilateral notice?
A purchaser's equitable lien is a form of security that arises when a contract for sale is made. It protects part payments made by the buyer, such as a deposit.
In Williams v Alter Domus Trustees (UK) Ltd Mr Justice Miles set out the following principles applicable to equitable liens:
‘i) The purchaser's lien arises in equity to give the purchaser protection for any part-payments made under a contract to acquire an estate in land.
ii) The lien is in the nature of an equitable charge. It extends to part payments, interest and costs thrown away.
iii) It arises by operation of law and depends on there being an enforceable contract, but does not arise from the express terms of the contract and is not a implied term of the contract.
iv) The lien may be excluded or postponed to other security
To view the latest version of this document and thousands of others like it,
sign-in with LexisNexis or register for a free trial.
Related documents:
- Landlord and tenant—repudiatory breach (Ramsbury Properties Ltd v Ocean View Construction Ltd)
- Cruel Intentions—fraud, deceit, and unlawful means conspiracy (4VVV Ltd and others v Spence and othe...
- Expert determination clause was a ‘one-stop shop’ for disputes and separable from underlying contrac...
- Express declaration of trust superseded by subsequent common intention constructive trust (Nilsson v...
Practice Notes 1
Q&As 7
- If a maintenance company entered into a deed of covenant with flat owners to ensure the communal are...
- If a seller has completed a transaction on the basis of a completion statement that understates the...
- If a tenant fails to complete the formalities for assigning a commercial lease to an assignee, and t...
- A commercial tenant overpaid sums due under a lease, leaving them in a credit balance at lease end....
- Where property subject to a lease is sold and a rent review due under the lease due on a date before...
- Where the executors of an estate grant a licence to an individual who resides in the deceased proper...
- A lease states that the tenant is responsible for all charges, utilities etc. Before the tenancy sta...