Formalities

Question 1

What statute (and section) refers to the formalities of legal estates and interests?

Answer 1

S.52 (1) Law of Property Act.

Question 2

What are the formalities for legal estates, sale of legal estates, and legal interests?

Answer 2

All conveyances/interests in land must be made by deed.

Question 3

What happens if the formalities for legal estates are not complied with?

Answer 3

They will be void.

Question 4

What exception can be found for the formalities of legal estates?

Answer 4

Law of Property Act 1925
S.52(2)(d): exception for leases and tenancies.

Question 5

Which leases are part of the s.52(2)(d) (L of P Act) exception?

Answer 5

• take effect in possession
• not exceeding 3 years (includes most periodic tenancies)
• at the best rent (market rent)

Question 6

What does s.54 (L of P Act) state?

Answer 6

It lists the exceptions to the requirement for a deed.
Certain short leases can be created by parole.

Question 7

Which leases must still be conveyed by deed?

Answer 7

• revisionary leases (future)
• leases over 3 years
• transfer of any lease has to by deed

Question 8

Where can the formalities for the creation of an interest of land in equity be found?

Answer 8

S.53 Law of Property Act 1925

Question 9

What are the formalities for an equitable interest in land?

Answer 9

All interests (both legal and equitable) must be in writing and signed.

Question 10

What is the exception to s.53 Law of P Act?

Answer 10

Constructive, implied and resulting trusts.

Question 11

Where can the formalities for a contract for the sale of land be found?

Answer 11

S.2 Law of Property (Miscellaneous Provisions) Act 1989.

Question 12

What are the formalities for a contract for the sale of land?

Answer 12

• in writing
• with express terms
• signed by both parties

Question 13

What would happen if the formalities for a contract for the sale of land were ignored?

Answer 13

The contract would be void unless it was already completed (in which estoppel could be argued).

Question 14

Where can the requirements for a deed be found?

Answer 14

S.1 of the Law of Property (Miscellaneous Provisions) Act 1989.

Question 15

What are the requirements for a deed?

Answer 15

• Signed
• In writing
• Witnessed
• Expressed as a deed
• Delivered as a deed

Question 16

If a lease has failed to satisfy the requirement for a deed, is there a way to create a legal lease? If so, how?

Answer 16

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.

Question 17

What is the issue with tenancies at will (in the case of a lease without a deed)

Answer 17

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.

Question 18

Which case provides a solution for an imperfect lease (without a deed)? What is the solution?

Answer 18

Walsh v Longsdale.
It provided that an imperfect lease can be turned into an agreement (contract) to grant a lease.

Question 19

What is important about an agreement to grant a lease (as a solution to a lease without a deed)?

Answer 19

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.

Question 20

What is important to remember about special performance?

Answer 20

It can only bind the current owners (the people it is ordered against). Cannot bind a buyer.

Question 21

What happened if there is non-compliance to these formalities.

Answer 21

s.52 An interest/estate cannot be legal without a deed.

Question 22

When is special performance possible ?

Answer 22

If there’s value and LP(MP)A 1989 formality (treating it as a contract).

Question 23

What are the two cases involving s.54?

Answer 23

Firzkriston v Panyani
Hutchinson v B and DF

Question 24

What happens in FitzKriston?

Answer 24

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.

Question 25

What happened in the Hutchinson case?

Answer 25

There were various oral agreements. They were all considered valid as they satisfied all the requirements, allowing them to be made by parole legally.
One agreement was invalid because it was longer than 3 years.