Transfers Of Property

Question 1

Types of property

Answer 1

Real property
Personal property
- choses in possession (chattels and other tangible property)
- chooses in action (intangible)

Question 2

Methods of transferring

Answer 2

Sale
Gift inter vivos
Will or intestacy

Question 3

Transfer of land by sale

Answer 3

Must comply with s2 Law or Property (Miscellaneous Provisions) Act 1989

Must be by deed (s52 Law of Property act 1925)

Formalities - s1 law of property (misc) act 1989

Only effective once registered (s27 land registration act 2002)

Question 4

Transfer of land by gift inter vivos

Answer 4

Deed - s52 law of property act 1925

Only effective once registered

Question 5

Transfer of land by will

Answer 5

Will - s9 wills act 1837

Absence of will - administration of estates act 1925

Question 6

Transfer of chose in possession by sale

Answer 6

Contract

Offer, acceptance, consideration and intention

Question 7

Transfer of chose in possession by gift inter vivos

Answer 7

Deed of gift (s1 law of property (misc) act 1989

Or

Delivery,
Intention to give,
Absence of rejection

Question 8

What are legally recognise forms of delivery?

Answer 8

Actual (re cole)

Symbolic (lock v Heath)

Constructive (rawlinson v mort, Thomas v times book)

Question 9

Transfer of chose in possession by will

Answer 9

Will - s9 wills act 1837

Absence of will - administration of estates act 1925

Question 10

Transfer of chose in action by sale

Answer 10

Special rules apply

Debts - s136 law of property act 1925
Shares - stock transfer form or CREST system

Question 11

Transfer of chose in action by gift

Answer 11

Special rules apply (same as sale)

Question 12

Transfer of chose in action by will

Answer 12

Will - s9 wills act 1837

Absence of will - administration of estates act 1925

Question 13

Exceptions to equity rules

Answer 13

Strong v bird
Donatio mortis causa
Re rose, Pennington v Waine, Curtis v pulbrook

Question 14

Principle in strong v bird

Answer 14

Where a person intends to make a lifetime gift and appoints the donee as their executor, then, even though the gift was not completed during the lifetime of the donor, the gift becomes complete on death

Question 15

Conditions of strong v bird

Answer 15

1 intention must be to make an immediate inter vivos gift

2 no conduct inconsistent with continuing intention to benefit the donee

3 Can apply to land (re james)

Question 16

Donatio mortis causa

Answer 16

Transfer of property in contemplation of death

Question 17

Conditions of DMC

Answer 17

1 the gift must have been made in contemplation of death

2 the donor must part with dominion over the property

3 the gift must have been made conditional on death and must be revocable if the person to make the gift recovers