formalites Flashcards
(15 cards)
Why are formality requirements important in Land Law?
- confirm the seriousness of land transactions
- deter fraud
- clarity for parties
- promote certainty for parties and potential third parties
What are the primary general formalities for creating legal rights in land?
- Most legal rights must be created by Deed
- Some rights in addition to a deed, must also be registered
- If registration is required, but it’s not, it will be an equitable interest only
LPA 1925
LP(MP)A 1989
Requirements for a deed
Under S1 LP(MP)A 1989:
- In writing
- clear o its face that it is intended to be a deed
- validly executed (signed and witnessed)
- must be delivered
what are the specific formalities that apply to Legal Estates
(freehold/ leasehold)
- deed + Registered
- estates over 7 years are substantively registrable and must be registered to be legally binding on a successor
what are the specific formalities that apply to Legal easements
S.52 LPA 1925
- must be created by deed
- it is also a registrable disposition under s.27 LRA 2002 and must be registered to be legal. if not they are equitable
- must have a duration- perpetuity or fixed
what are the specific formalities that apply to Mortgages
s.52 LPA 1925
- deed
-it is also a registrable disposition under s.27 LRA 2002 and must be registered to be legal. if not they are equitable
What formalities are required for a contract to sell or dispose of an interest in land?
S2 LP(MP)A 1989
- Made in writing
- include all expressly agreed terms
be signed by or on behalf of both parties
Failure= void
An estate contract arising after exchange is an equitable interest
How are Equitable rights in land generally created, regarding formalities?
- Arise if a right is capable of being legal under S1(2) LPA 1925, but the necessary formalities for a legal right are not met
- however, equity generally requires writing for a certain of proprietary rights in land
- restrictive covenants are typically equitable interest
How do formalities and registration determine priority in Registered Land?
In registered land, registration is central to priority
the LRA 2002 aims for the register to be a comprehensive record or rights
how can other interests not registered be protected
Equitabale Easements, Restrictive covenants and Estate contracts can be protected by registering a notice against the burdened title.
Entering a notice confers priority under s.29 and if they aren’t protected by notice, they lose priority against purchaser for value
Overriding interests (SCH 3 LRA 2002) bind a purchaser even if not on the register (short leases, interests of persons in actual occupation).
How does formality affect priority in Unregistered Land?
In unregistered land, formality determines who gets to enforce their rights when there are competing claims
legal interests automatically bind anyone who aquires the land
Family-related interests (e.g., beneficial interests under trusts) may rely on factors like occupation or fairness (equity) for enforcement.
certain commercial equitable interests are registerable as Land Charges under the LCA 1972 (estate contracts, restrictive covenants)
non registration of a registrable land= void against certain purchasers, notice of an unregistered land charge is irrelevant
Exceptions for formalities: Short legal leases
A legal lease taking effect in posession for a term NOT exceeding 3 years can be created orally.
these can be an overriding interest in registered land
Exceptions for formalities: Proprietary estoppel
equitable doctrine allows courts to recognise or give effect to interests in land it would be unconscionable not to based on a promise/ assurance, reliance and detriment.
operates outside usual formality requirements
Exceptions for formalities: resulting and constructive trusts
these arise by operation of law, often in response to informal contributions or unconscionable conduct and create equitable interest in land without express formalities
Exceptions for formalities: Adverse possession
allows acquisition of title to land by factual possession and intention to posses over time, despite the absence of any formal conveyance or transfer from the paper title owner
