Spiro v Glencrown Properties Ltd

An option to buy land is validly exercised by a notice signed only by the grantee, because section 2 applies to the grant of the option, not to its exercise.

Citation
[1991] Ch 537
Court
Chancery Division
Year
1991
Subject
Land Law
Topic
Contracts for land and proprietary estoppel

Facts

The vendor granted Glencrown an option to buy a property, in a written agreement signed by both parties which complied with section 2 of the Law of Property (Miscellaneous Provisions) Act 1989. Glencrown exercised the option by a letter signed only on its own behalf, but then failed to complete the purchase. The vendor sued Glencrown's guarantor, who argued that the exercise of the option was a contract for the sale of land that had to be signed by both parties, and was therefore void.

Legal principle

Hoffmann J held that the option had been validly exercised. He said that an option is not an offer or a conditional contract in the strict sense, but a relationship that is unique to options, under which the grantee can bind the grantor by exercising it. The contract for the sale of land, for the purposes of section 2, was the grant of the option, which had been in a single document signed by both parties. The notice exercising the option did not itself have to comply with section 2.

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