Freehold

Question 1

Acquisition formalities

Answer 1

• all conveyances of legal title must be made by deed - s52(1) LPA; s1 LPMPA
• registration - s4(1) and s27(1) LRA 2002

Question 2

Unregistered land

Answer 2

Title passes on completion (transfer of property by deed to buyer), but sale triggers requirement to register

Question 3

Registered land

Answer 3

Title passes at registration

Question 4

Exchange of contracts - pre 26 September 1989 - s40 LPA

Answer 4

Contract in writing and signed by party against whom contract is being enforced

OR

Existing written record of oral contract signed by party against whom contract is being enforced - Davies v Sweet

OR

Oral contract but party seeking to enforce it has done part performance - Bowers v Cator

Question 5

Exchange of contracts - Contracts after 16 September 1989 - s2 LP(MP)A 1989

Answer 5

Contract in writing AND
Contains all the expressly agreed terms AND
Signed by both parties

Terms may be in one document or two identical documents that are exchanged, each signed by one party - s2(1)

Terms may be incorporate by being set out in the document or referring to some other document - s2(2)

Question 6

Omissions - Record v Bell

Answer 6

A collateral contract designed to induce a party into the main contract does not need to comply with s2 LPMPA - contract valid despite missing term- but limited applicability to similar facts

Question 7

Omissions - Tootal Clothing v Guinea Properties

Answer 7

Contract for shop fitting was separate to the lease - s2 did not apply as not a contract for land, lease still valid despite missing term

Question 8

Omissions - Wright v Robert Leonard

Answer 8

Contract for fixtures was not collateral or separate to main contract - must comply with s2 BUT rectification may be available where a term agreed by the parties is omitted by mistake and it would be unjust not to amend the contract

Question 9

Rectification not available as parties expressly agreed not to record the term

Answer 9

Oun v Ahmad

Question 10

Variation of contract must comply with s2 for changes to material terms

Answer 10

McCausland v Duncan Laurie

Question 11

Written correspondence will amount to offer and acceptance, not an exchange of contracts complying with s2 LPMPA

Answer 11

Commission for New Towns v Cooper

Question 12

Typing or printing name does not constitute a signature

Answer 12

Firstpost Homes v Johnson

Question 13

In rare circumstances, courts will uphld agreements that do not comply with s2 LPMPA - proprietary estoppel

Answer 13

Yaxley v Gotts

Question 14

Once contracts exchanged the equitable interest passes to the buyer

Answer 14

Seller holds legal estate on trust for buyer

Question 15

Completion

Answer 15

Legal estate must be conveyed by deed - s52(1) LPA

Question 16

Unregistered land - registration

Answer 16

Legal title transferred upon the execution of the deed. New owner must then register ownership within 2 months of completion, else legal title reverts to seller - s4 and 6 LRA 2002; s7 LRA