21 Nov 2006
Given the documentary facts and long lapse of time with no concealment or fraud and the extremely low likelihood that the minor beneficiaries could successfully assert a claim, the vendor's solicitors' candid assertion that there was no real risk sufficed; the requisition was satisfactorily answered and the plaintiff's claims were dismissed.
24 Feb 1997
Where an unchallenged assignment (including the root of title) and supporting Land Registry records demonstrate that a unit was allotted a specific undivided share, the vendor has shown good title; absent evidence of irregularity or undisclosed documents the vendor is not required to produce assignments or allocation schedules for all other units and a purchaser's requisition based on control card anomalies is insufficient to justify rescission.
19 Dec 1990
The Court found that although a theoretical possibility of enforcement existed, the risk of the Building Authority taking action was so remote after 30 years' occupation and the Authority's apparent lack of interest that the vendor discharged the burden of showing there was no real risk; accordingly the vendor had satisfactorily answered the requisition and the purchasers were not entitled to rescind or recover their deposit.