Underwood v Bevin - [1992] 3 NZLR 129

Property law — Restrictive covenants — Agreement for sale and purchase — Existence of memorandum of encumbrance for term of 999 years — Vendor unwilling to remove encumbrance — Purchaser purporting to rescind contract — Whether encumbrance constituted defect sufficient to entitle purchaser to rescind.

Contract — Rescission and repudiation — Agreement for sale and purchase of land — Land subject to memorandum of encumbrance for term of 999 years — Purchaser purporting to rescind contract — Whether encumbrance constituted defect sufficient to entitle purchaser to rescind.