Creation and transfer of rights in land Flashcards
What are formalities in law according to Critchley?
The necessity for substantive matters to be encapsulated in a specific form to achieve a desired legal effect.
What are the three primary functions of formalities as outlined by Fuller?
Evidentiary Function ( provide evidence of the contract’s existence in disputes.)
Cautionary Function, (deter hasty or inconsiderate actions by requiring a formal process.)
Channelling Function. (offer a legal framework or channels for legally expressing intentions.)
What does the Law of Property Act 1925 (LPA) mandate about conveyances of land or interests therein? (what sections?)
They must be made by deed, except for specific exemptions, as per Sections 52–54.
What requirements for deeds and their execution are stipulated by the Law of Property (Miscellaneous Provisions) Act 1989 (LPMPA)?
The common law rules governing the form and delivery of a deed were abolished, and were replaced by requirements that:
a deed is valid only when expressed as such,
it is either signed by an individual in the presence of a witness who attests to it, or at his direction and attested by two witnesses, and
it is delivered as a deed by him or a person authorised to do so on his behalf.
What does Section 27 of the Land Registration Act 2002 require?
Registration for dispositions of registered estates or charges.
What significance does Neocleous v Rees [2019] hold regarding electronic signatures?
It established that electronic signatures, including automatic email footers, can satisfy the requirement for a deed’s execution, provided the intention to authenticate is clear.
What was confirmed in Hudson v Hathway [2022] regarding electronic communications?
That electronic communications, like emails, can meet formalities for signatures, adapting to technological advancements.
What does LPA s 54(2) allow for in terms of short leases?
The creation of short-term leases (not exceeding three years) without the necessity for a written form, provided they take effect in possession at the best obtainable rent without a premium.
What are the exceptions for creating equitable interests outlined in LPA s 53?
Exceptions for resulting, implied, or constructive trusts.
What formalities are required during the informal agreement stage of the conveyancing process?
No formalities required, but can influence proprietary estoppel or constructive trust claims.
What does LPMPA s2 govern in the conveyancing process?
(Law Property Miscellaneous provisions Act)
Necessitates written contracts for the sale or disposition of land.
What requirement does LPA s 52 set for conveyances?
Conveyances must be by deed.
What does LRA s 27 require for legal effect in registered dispositions?
Registration.
What is the Vendor-Purchaser Constructive Trust?
Arises from the “Doctrine of Anticipation,” where a contract for sale equitably transfers beneficial ownership, pending completion.
What principle is established by Walsh v Lonsdale?
Equates specifically enforceable agreements for leases with actual leases in equity.
How do Proprietary Estoppel and Constructive Trusts interact with statutory formalities? (What two cases exemplify this?)
What is a proprietary estoppel?
How is it supposed to be used? (What recent case affirms this?)
Illustrated in cases like Yaxley v Gotts [2000] and
Cobbe v Yeoman’s Row [2008],(show that estoppels are unlikely to arise from promises made during commercial negotiations prior to contract formation
+ Lord Scott outlined that
a proprietary right that is in principle available to chattels or choses in action & that Lord Kingsdown’s requirement in Ramsden v Dyson that there be ‘a certain interest in land’ affirmed by Oliver J in the Taylors Fashions case.
+ Also an An expectation dependent upon the conclusion of a successful negotiation is not an expectation of an interest having sufficient certainty to give rise to a proprietary estoppel
-
-proprietary estoppel = to provide a person (person A) with rights in land that they were led to believe they had by another party (person B), where denying said rights would be unjust or inequitable.
- Earl of Plymouth v Rees [2021] (Rees) is another classic example of where this doctrine has been used as a shield (i.e. as a defence to an action) rather than a sword (i.e. as a claim or cause of action).
