The Weekly Law Reports
[2004] 2 WLR 426
Court of Appeal
Bolton Metropolitan Borough Council
v
Torkington
[2003] EWCA Civ 1634
2003 Oct 30,
31
Peter Gibson, Waller and Carnwath LJJ
Deed
— Execution
— Delivery
— Conveyance of lease by local authority
— Negotiations with purchaser marked “subject to contract”
— Seal of local authority affixed to lease in anticipation of exchange
— Purchaser failing to sign and return counterpart of lease
— Whether lease “deemed to have been executed”
— Whether deemed execution including or obviating need for delivery
— Whether lease delivered as an escrow
—
Law of Property Act 1925 (15 & 16 Geo 5, c 20), s. 74