Formalities Flashcards
What statute (and section) refers to the formalities of legal estates and interests?
S.52 (1) Law of Property Act.
What are the formalities for legal estates, sale of legal estates, and legal interests?
All conveyances/interests in land must be made by deed.
What happens if the formalities for legal estates are not complied with?
They will be void.
What exception can be found for the formalities of legal estates?
Law of Property Act 1925
S.52(2)(d): exception for leases and tenancies.
Which leases are part of the s.52(2)(d) (L of P Act) exception?
- take effect in possession
- not exceeding 3 years (includes most periodic tenancies)
- at the best rent (market rent)
What does s.54 (L of P Act) state?
It lists the exceptions to the requirement for a deed.
Certain short leases can be created by parole.
Which leases must still be conveyed by deed?
- revisionary leases (future)
- leases over 3 years
- transfer of any lease has to by deed
Where can the formalities for the creation of an interest of land in equity be found?
S.53 Law of Property Act 1925
What are the formalities for an equitable interest in land?
All interests (both legal and equitable) must be in writing and signed.
What is the exception to s.53 Law of P Act?
Constructive, implied and resulting trusts.
Where can the formalities for a contract for the sale of land be found?
S.2 Law of Property (Miscellaneous Provisions) Act 1989.
What are the formalities for a contract for the sale of land?
- in writing
- with express terms
- signed by both parties
What would happen if the formalities for a contract for the sale of land were ignored?
The contract would be void unless it was already completed (in which estoppel could be argued).
Where can the requirements for a deed be found?
S.1 of the Law of Property (Miscellaneous Provisions) Act 1989.
What are the requirements for a deed?
- Signed
- In writing
- Witnessed
- Expressed as a deed
- Delivered as a deed
If a lease has failed to satisfy the requirement for a deed, is there a way to create a legal lease? If so, how?
Yes.
If a tenant is in occupation and the deed fails, a tenancy at will arises (landlord and tenant must be willing).
Once the tenant starts paying, this becomes a periodic tenancy, which is legal without the requirement for writing.
What is the issue with tenancies at will (in the case of a lease without a deed)
It may not look like the original tenancy agreed between landlord and tenant. This is because there is no fixed term and it can be terminated at any time. This means that it is an unsecured agreement for the tenant.
Which case provides a solution for an imperfect lease (without a deed)? What is the solution?
Walsh v Longsdale.
It provided that an imperfect lease can be turned into an agreement (contract) to grant a lease.
What is important about an agreement to grant a lease (as a solution to a lease without a deed)?
It is a contract, which means that special performance can be carried out.
This is an equitable remedy which involves a court order to treat the lease as being validly created.
What is important to remember about special performance?
It can only bind the current owners (the people it is ordered against). Cannot bind a buyer.
What happened if there is non-compliance to these formalities.
s.52 An interest/estate cannot be legal without a deed.
When is special performance possible ?
If there’s value and LP(MP)A 1989 formality (treating it as a contract).
What are the two cases involving s.54?
Firzkriston v Panyani
Hutchinson v B and DF
What happens in FitzKriston?
There was a written lease only: it was in possession and not exceeding 3 years.
BUT it could not be accepted as it was not at best rent.
