Formalities Flashcards
Three options (plus statutes)
- Deed - s52(2) LPA 1925
- Writing - s53(2) LPA 1925 and s2 LP(MP)A 1989
- No formalities
s52(1) LPA 1925
All conveyances of land or any legal interest must be made by deed
Deed
s52(1) LPA 1925
s52(1) LPA 1925 How do you know its a deed? (3 plus statute)
Signed, witnessed and expressed to be a deed - s1 LP(MP)A 1989
s52(1) LPA 1925 What are deeds usually required for?
To create legal estates and interests
s52(1) LPA 1925 doesn’t apply to (plus 2 statutes)
s52(2) LPA 1925 - the lease and tenancies defined in s 54 LPA 1925
s54 LPA 1925 Leases which (3)
Take effect in possession (not future)
For a term not exceeding three years
At the best rent reasonable obtainable without taking a fine
s52(2) LPA 1925 How can the leases defined in s54 be created?
Orally, without formalities
Writing (2 statutes)
s53(1) LPA 1925 s2 LP(MP)A 1989
s53(1) LPA 1925
Must be in writing signed by the person creating
s53(1) LPA 1925 Doesn’t apply to… (plus one statute)
Creation of implied, resulting or constructive trusts - s53(2) LPA 1925
s53(2) LPA 1925 How can resulting, implied or constructive trusts be created?
By conduct without formalities
s52(1) LPA 1925 What is writing usually required for?
To create equitable estates and interests
s2 LP(MP)A 1989
A contract for the sale… of an interest in land can only be made by 3 requirements
s2 LP(MP)A 1989 A contract for the sale… of an interest in land can only be made by 3 requirements (3 statutes)
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 🎉
No formalities
Leases without deeds
No formalities - leases without deeds (5) plus 2 statutes
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
No formalities case
Walsh v Lonsdale
No formalities - Walsh v Lonsdale
Equity will treat as done that which ought to have been done
No formalities Equity will treat as done that which ought to be done
Cant make an imperfect lease a lease, but can make it an agreement to grant a lease
No formalities Specific performance possible if (2) plus one statute
There is value and
There is compliant writing - s2 LP(MP)A 1989
