Law of Property Act 1925 (c. 20)

Part II E+W Contracts, Conveyances and other Instruments

Contracts E+W

49 Applications to the court by vendor and purchaser. E+W

(1) A vendor or purchaser of any interest in land, or their representatives respectively, may apply in a summary way to the court, in respect of any requisitions or objections, or any claim for compensation, or any other question arising out of or connected with the contract (not being a question affecting the existence or validity of the contract), and the court may make such order upon the application as to the court may appear just, and may order how and by whom all or any of the costs of and incident to the application are to be borne and paid.

(2) Where the court refuses to grant specific performance of a contract, or in any action for the return of a deposit, the court may, if it thinks fit, order the repayment of any deposit.

(3) This section applies to a contract for the sale or exchange of any interest in land.

[F1 (4) The county court has jurisdiction under this section where the land which is to be dealt with in the court does not exceed [F2 £30,000] in capital value. F3 . . .]

Textual Amendments

F1 S. 49(4) added by County Courts Act 1984 (c. 28, SIF 34), s. 148(1), Sch. 2 Pt. III para. 2(1)(3)

F2 Words in s. 49(4) substituted (1.7.1991) by S.I. 1991/724, art. 2(8), Sch. Pt.I (with art. 12)

F3 Words in s. 49(4) omitted (1.7.1991) by virtue of S.I. 1991/724, art. 2(8), Sch. Pt.I (with art. 12)

Modifications etc. (not altering text)

C1 S. 49 extended (1.7.1991) by S.I. 1991/724, art. 2(3)(a) (with art. 12)

C2 S. 49(4) modified by County Courts Act 1984 (c. 28, SIF 34), s. 24(2)(c)

C3 S. 49(4) amended by S.I. 1990/776, art. 4(1)(b)