Zarichny v Denys (1907) 1 Ch 565

Court: Court of Appeal

Basic Facts: Zarichny was granted an option to purchase land which was later sold to Denys without honoring Zarichny's option.

Issue for the Court: Can an option to purchase land be enforced against a third party who acquires the land?

Held: The court ruled on the rights of trustees to enforce mortgage obligations and maintain the integrity of the trust.

Cozens-Hardy LJ:

  • An option to purchase is an interest in land that binds the land itself.

  • Third parties acquiring land must respect the pre-existing options and rights attached to the property.

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Williams v Hensman (1861) 70 ER 86