The exercise of the option may be contingent on the fact that something else has happened. For example, it is customary to subordinate an appeal option to the fact that the buyer obtained the building permit first. When a developer wishes to acquire land next to its existing development site in the future to expand its project. If the land to be developed is divided between the owners, a buyer can buy back the entire land piece by piece by obtaining option contracts from each owner. In addition to the examples of the introductory paragraph, other situations that may give rise to an option agreement include: as in the case of an option, a right of pre-emption should not be granted for a specified period of time and may last forever. However, it will often be temporary to offer some security, especially for the seller. However, an option agreement is required for a maturity of 21 years at the latest from its date. An option, a right of pre-emption and a conditional contract are all “inheritance contracts” in the law and can be registered against the country to make the country inalienable without evacuating them in any way. With accurate drafting, options agreements and overruns can provide security for developers and landowners, no matter how unpredictable the real estate market may become in the future. As you know, complex and aging agreements require expert work to ensure that there are no nasty surprises along the way.
And surprises can indeed be extremely nasty. For example, in the Ministry of Defence v County and Metropolitan Homes (Rissington) Ltd. the parties did not consider the possibility that the developer would not demolish the 37 houses on the property concerned. Since they destroyed only 35 and turned two properties into a single company, the developer had to pay a total of almost a million pounds in excess. The facts at Israel Estate are relatively simple. In 1931, an owner sold a gravel quarry to operators who immediately provided the owner with an option to allow the owner to reclaim the land at a nominal price, as soon as the gravel on the quarry was depleted by the operators. The option was entered on the title and the registration was constantly renewed in accordance with the statutes. Nearly 85 years later, the successors of the gravel operators have renounced their obligations under the option. Instead, they argued that after the gravel was dismantled, the original owner was not entitled to re-acquire the property under the option, since the rights under that option were void by the operation of the rule. The Court of Appeal accepted the operators – the rule was very lively and good in Ontario, and practitioners should ignore them at their peril. Options agreements on real estate transactions have been extended, as inflows are applicable from April 6, 2010, allowing such agreements to enter into force at any time in the future. From that date on, they would no longer be bothered by the rule that the right must be crystallized within 21 years from the date of the option contract.
The old law still applies to real estate transactions before that date and these provisions were put forward in the most recent case of Souglides/Tweedie and another  EWHC 561 (Ch). The agreement must be clear as to the areas subject to the legislation. Newey J considered that, in the circumstances of this case, the option fell within the scope of Section 9 (1) of the 1964 Act, so that the option was excluded from the rule against the power of theft. The judge also cited the Report of the Law Reform Committee which, for public policy reasons, clearly considered rental options to be excluded from the rule against permanent rights.
2020年12月14日 5:13 PM 未分類