Formalities Flashcards
Benefits of formalities
Warns the parties that they are entering into a transaction that their actions may have legal consequences Makes them stop and thinkThis avoids rash decision makingPartied cannot easily slip into the transaction
What are the best type of formalities?
Those that are required for the transaction to be legally valid because parties are warned it will have legal consequences before it happens
How do formalities protect from outside pressure and duress?
It is a lot easier to say I give you my house then writing out all of the deeds etc.
Formalities also help to clarify the terms of the transaction because…
When you write things down you see the gaps in it appear
Formalities and third parties
They have a different set of interests The most important thing is publicity Ensuring that other parties know of the existence of the transaction
What is the most important aspect of formalities?
Evidence Writing is some proof but a note can always be hidden from a third party Registration is the best evidence
Why do the courts like formalities?
Gives them evidence and something to work off
Why does the state like formalities?
Allows for the collection of taxesGives data about the property market
What is the idea of channelling (Fuller)?
Formalities channel the parties towards a particular goal
where is the definition of a legal estate found
LPA 1925 s205 (1)(x)
Is a deed enough for formalities?
SometimesBut most of the time registration is also required
What were the requirements of a deed 1926-1989?
Had to be signed sealed and delivered
Abolished the need for a deed to be sealed
LP(MP)A 1989 s1 (1)(b)
You need to make it clear that it is a deed
LPA s1(2)(a)
A deed must be signed witnessed and delivered
LPA s1(3)
Exceptions to a deed
LPA s52 (2)(d)
What is a periodic tenancy?
One of those ones that are basically ongoing but you have to give half a years notice either side to quit
Periodic tenancies and deeds
A legal periodic tenancy is a deed exception under s52(2) as each period within it is less that 3 years
Equity- must be in writing
LPA 1925 s53 (1)(a)
Must be evidenced in writing, signed by some person who is able to declare such trust Equity
S53 (1)(b)
Disposition of a beneficial interest under a trust must be in writing singed by their agent
LPA s53 (1)(c)
A contract in equity must have…
LP(MP)A 1989 s2 WritingIncorporate all the agreed termsBe signed by and on behalf of all the parties
Yaxley v gotts
The use of a constructive trust to overcome a void contract Detriment in PE of money
Formalities for a will
Wills act 1837 s9 Must be in writing Must be witnessed by 2 people at the same time Witnesses must sign and attest the will in the testator’s presence
Proprietary estoppel
Needs assurance Reliance on the assuranceDetriment cannot be minimal Such circumstances that would be unconscionable to allow the land owner to escape from his promise- why oral promises can be enforced despite non-compliance with formalities
Willlmott v barber
Says that needs to A know of Bs mistaken belief (Not considered necessary in Taylor fashions case)
Taylor fashions
A need not know of Bs mistaken belief Need not amount to the promise of a specific proprietary right, so long as it is ‘certain’ enough
Assurance: indicates to b that b has a rightCase law…
Pascoe v turner
Promise: indicates to B that B will acquire a right in the future Case law…
Crabb v Arun
Promise to leave property by will
Taylor v Dickens
Acquiescence: A merely passively stands by whole B acts to her detriment
Munt v Beasley
Capable of being a legal estate
LPA 1925 s1
Legal deed requirements
LP(MP)A 1989 s1
Capable of being equitable
LPA s1(3)
Greasley v Cooke
Reliance often involves Bs expenditure of money, but not necessarily Reliance is readily inferred form detrimental acts
Coombes v smith
Bs act must have been done in reliance on As assurance promise or acquiescence
Wayling v jones
Bs acts do not have to be made in sole reliance on As assurance, promise or acquiescence
Gillett v holt
Detriment must be substantial Promises of inheritance G acted to his detriment
Stevens and cutting v Anderson
The onus is on B to show that she acted to her detriment
What is unconscionablity?
Relates to A later denying B the use of the land; this is NOT ENOUGH by itself but a necessary ingredient
Cobbe v yeoman’s row management
Planning permissionThe developer did not have a claim in proprietary estoppel Considered. Whether the parties were in business and should have realised need for formalities
Sled more v Dalby
In PE you must look at the relative positions of A and B
Gillett v holt
In PE you must consider the extent of the detriment
Thorner v major
The courts looked at the level of assurance needed in PE
Jennings v rice
In terms of remedy the court has a wide discretion The most important aspect is proportionality between expectation and detriment
Crabb v Arun remedies
The court will use the minimum equity to do justice
Some remedies that have been awarded
Conveyance of fee simpleConstructive trustTransfer of some of the property EasementMonetary compensation Right to occupation until cost of improvements reimbursed
Wood v smith
Writing in capital letters can be sufficient for a signature as it shows intent
First post homes v Johnson
A signature needs to be written by hand Says we need a narrow understanding of a will
S52 LPA 1925
Not legal unless you have a deed
