REGISTERING LAND

Question 1

CONTRACT

Answer 1

• any equitable estates will need a contract
• contract is first stage (outset)
• contract must comply with s2 LPA
• s2 1 and 3 show a contract must be in writing with terms and signed
• neocleous v Rees 2019

Question 2

DEED

Answer 2

• s52 LPA + s1 LP MP A needs to make clear it is a deed on face of it executed as one and delivered
• deed will be required except when
• parol lease s54 2 LPA
• interests listed in s1 3 LPA do not need deed only contract

Question 3

EFFECT OF CONTRACT AND DEED

Answer 3

• contract transfers equitable title seller remains legal owner but is legally bound to transfer property
• deed is required to transfer the legal title (completion stage) the buyer pays the final price and can move in
• but registration is removal of sellers name and replacement of buyers name on the land register this is required for legal title to be transferred

Question 4

BENEFICIAL INTERESTS

Answer 4

• trust of land
• express trust s53 1 b LPA must be manifested and proved in writing doesn’t have to be written at time of event but can be later
• constructive and implied trusts do not require any writing s 53 2 LPA