Paul Davies, ‘Being specific about specific performance’

The traditional position that each parcel of land is unique, such that specific performance of contracts for the sale of land will be granted as a matter of course, should be maintained in English law. Ditching the established position in favour of the Canadian approach would only generate uncertainty, litigation, and a revision of key property rules that would have unclear consequences. As regards residential purchases, the chosen property will invariably be considered to be unique anyway: purchasers spend a long time choosing one particular property over another for reasons that should be respected. And the same reasoning should apply, albeit in attenuated form, as regards commercial property: specific performance should generally be granted …

€ (Westlaw)

Paul S Davies, ‘Being specific about specific performance’, 2018 Conveyancer and Property Lawyer 324.

Leave a Reply