42 Provisions as to contracts.E+W
(1)A stipulation that a purchaser of a legal estate in land shall accept a title made with the concurrence of any person entitled to an equitable interest shall be void, if a title can be made discharged from the equitable interest without such concurrence—
(a)under a [F1trust of land]; or
(b)under this Act, or the M1Settled Land Act, 1925, or any other statute.
(2)A stipulation that a purchaser of a legal estate in land shall pay or contribute towards the costs of or incidental to—
(a)obtaining a vesting order, or the appointment of trustees of a settlement, or the appointment of trustees of [F2land]; or
(b)the preparation stamping or execution of a conveyance [F2in trust], or of a vesting instrument for bringing into force the provisions of the Settled Land Act, 1925;
shall be void.
(3)A stipulation contained in any contract for the sale or exchange of land made after the commencement of this Act, to the effect that an outstanding legal estate is to be traced or got in by or at the expense of a purchaser or that no objection is to be taken on account of an outstanding legal estate, shall be void.
(4)If the subject matter of any contract for the sale or exchange of land—
(i)is a mortgage term and the vendor has power to convey the fee simple in the land, or, in the case of a mortgage of a term of years absolute, the leasehold reversion affected by the mortgage, the contract shall be deemed to extend to the fee simple in the land or such leasehold reversion;
(ii)is an equitable interest capable of subsisting as a legal estate, and the vendor has power to vest such legal estate in himself or in the purchaser or to require the same to be so vested, the contract shall be deemed to extend to such legal estate;
(iii)is an entailed interest in possession and the vendor has power to vest in himself or in the purchaser the fee simple in the land, (or, if the entailed interest is an interest in a term of years absolute, such term,) or to require the same to be so vested, the contract shall be deemed to extend to the fee simple in the land or the term of years absolute.
(5)This section does not affect the right of a mortgagee of leasehold land to sell his mortgage term only if he is unable to convey or vest the leasehold reversion expectant thereon.
F3(6). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7)Where a purchaser has power to acquire land compulsorily, and a contract, whether by virtue of a notice to treat or otherwise, is subsisting under which title can be made without payment of the compensation money into court, title shall be made in that way unless the purchaser, to avoid expense or delay or for any special reason, considers it expedient that the money should be paid into court.
(8)A vendor shall not have any power to rescind a contract by reason only of the enforcement of any right under this section.
(9)This section only applies in favour of a purchaser for money or money’s worth.
Textual Amendments
F1Words in s. 42(1)(a) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 4(11)(a) (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2
F2Words in s. 42(2)(a)(b) substituted (1.1.1997) by 1996 c. 47, s. 25(1), Sch. 3 para. 4(11)(b)(i)(ii) (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2
F3S. 42(6) repealed (1.1.1997) by 1996 c. 47, s. 25(2), Sch. 4 (with ss. 24(2), 25(4)); S.I. 1996/2974, art. 2
Modifications etc. (not altering text)
C1S. 42(7) saved by Compulsory Purchase Act 1965 (c. 56), s. 2, Sch. 1 para. 1
Marginal Citations