Formalities

Question 1

Three options (plus statutes)

Answer 1

1. Deed - s52(2) LPA 1925
2. Writing - s53(2) LPA 1925 and s2 LP(MP)A 1989
3. No formalities

Question 2

s52(1) LPA 1925

Answer 2

All conveyances of land or any legal interest must be made by deed

Question 3

Deed

Answer 3

s52(1) LPA 1925

Question 4

s52(1) LPA 1925 How do you know its a deed? (3 plus statute)

Answer 4

Signed, witnessed and expressed to be a deed - s1 LP(MP)A 1989

Question 5

s52(1) LPA 1925 What are deeds usually required for?

Answer 5

To create legal estates and interests

Question 6

s52(1) LPA 1925 doesn’t apply to (plus 2 statutes)

Answer 6

s52(2) LPA 1925 - the lease and tenancies defined in s 54 LPA 1925

Question 7

s54 LPA 1925 Leases which (3)

Answer 7

Take effect in possession (not future)
For a term not exceeding three years
At the best rent reasonable obtainable without taking a fine

Question 8

s52(2) LPA 1925 How can the leases defined in s54 be created?

Answer 8

Orally, without formalities

Question 9

Writing (2 statutes)

Answer 9

s53(1) LPA 1925 
s2 LP(MP)A 1989

Question 10

s53(1) LPA 1925

Answer 10

Must be in writing signed by the person creating

Question 11

s53(1) LPA 1925 Doesn’t apply to… (plus one statute)

Answer 11

Creation of implied, resulting or constructive trusts - s53(2) LPA 1925

Question 12

s53(2) LPA 1925 How can resulting, implied or constructive trusts be created?

Answer 12

By conduct without formalities

Question 13

s52(1) LPA 1925 What is writing usually required for?

Answer 13

To create equitable estates and interests

Question 14

s2 LP(MP)A 1989

Answer 14

A contract for the sale… of an interest in land can only be made by 3 requirements

Question 15

s2 LP(MP)A 1989 A contract for the sale… of an interest in land can only be made by 3 requirements (3 statutes)

Answer 15

s2(1) In writing
s2(1) Which contains all expressly agreed terms either in the document or incorporated into it by reference
s2(3) Signed by, or on behalf of both parties 🎉

Question 16

No formalities

Answer 16

Leases without deeds

Question 17

No formalities - leases without deeds (5) plus 2 statutes

Answer 17

s52(1) LPA 1925 - leases without deeds aren’t a legal lease
But if tenant goes into occupation its a tenancy at will
If the tenant starts paying rent, its a periodic tenancy
Periodic tenancies are legal leases
No writing necessary - s54 LPA 1925

Question 18

No formalities case

Answer 18

Walsh v Lonsdale

Question 19

No formalities - Walsh v Lonsdale

Answer 19

Equity will treat as done that which ought to have been done

Question 20

No formalities Equity will treat as done that which ought to be done

Answer 20

Cant make an imperfect lease a lease, but can make it an agreement to grant a lease

Question 21

No formalities Specific performance possible if (2) plus one statute

Answer 21

There is value and

There is compliant writing - s2 LP(MP)A 1989