To enforce the benefit at common law sarah will have to satisfy certain conditions to. This is an extract of our statutory formalities document, which we sell as part of our trusts notes collection written by the top tier of monash university students. An interest that gives the owner a right to exclusive control over land for a period of predetermined length. Fixtures and chattels, rights above and below the surface of land, overreaching, overriding interests, priority in registered and unregistered land, doctrine of notice. Land law revision guide 4 by duddington, john isbn.
Formalities mcbridesguides helping you to study law. Everyday low prices and free delivery on eligible orders. Im currently going through some revision questions and im struggling to find the answers for following questions. Formalitiesare required when creating trusts in land. Land formalities, registration, overriding interests and overreaching notes and revision materials. All estates and interests which do not fall within either s 11 or s 12 are equitable only. Land is defined in the law of property act 1925, section 2051ix. Sales assignments of such leases must still be by deed. Doc land law the benefits and detriments of formality.
A leasehold is defined in the law of property act 1925 as an estate in the land for a term of years absolute law of property act 1925, s. Think carefully about the cases you know do they resonate with the scenario at hand. This module will examine the different interests that a person may have in land and how the law seeks to resolve conflicts through statute, common. Comprehensive revision notes for oxford finals on formalities and ownership. A lease is a form of ownership of land that only lasts for a specified amount of time. Land formalities, registration, overriding interests and.
Land law concentrate is the essential study and revision guide for law students looking to consolidate knowledge and achieve the best possible marks in their exams. Land law general revision notes land law 456z0404 mmu. This audio presentation lecture analyses the formal requirements for the inter vivos creation of trusts of land and dispositions of subsisting equitable interests under ss 531b and 531c of the law of property act 1925 respectively. Whether property is unregistered or registered, whether a huge amount is paid for it or whether it is a gift, in order for property to be legally transferred from one party to another, the transfer must be made by deed. Picarda, the law and practice relating to charities 1977 at 12 provides the best english treatment of this point. Land law problem question law essays essay sauce free. Find more study material on our land law overview page. Land law is concerned with the nature of the right involved in the ownership of land. Trust law is a set of rules that have been established to regulate situations where one person places trust in another person to look after their affairs. While you are reading, keep in mind any points of law that you immediately recognise. As a matter of contract english law takes the approach that a gratuitous promise, as a matter of contract law, is not legally. Trusts over land are normally created by way of a deed but in general they have to be completed in writing and signed by the settlor as per s. When creating a trust you need to transfer property i.
It is often the case that such trusts appear on the face of the transfer of the property to the trustees. Land includes land of any tenure, and mines and minerals, whether or not held apart from the surface, buildings or parts of buildings whether the division is horizontal, vertical or made in any other way and other corporeal hereditaments. Statutory formalities notes and revision materials. Trusts law 2020 revision section 1 c revised as at 31st december 2019 page 11 cayman islands trusts law 2020 revision part i preliminary 1. This law may be cited as the trusts law 2020 revision. The transfer or conveyance of land, and the transfer of shares both require formalities. Providing clear, succinct coverage of the essential topics, it enable you to quickly grasp the fundamental principles of this area of. Which one of the following is not a formality for a valid land contract created on or after 27 september 1989. It looks to facilitate how an owner of land may use it or moderate how others do so.
A lease can have both legal and equitable interests. Land law revision summary land law land law law4006. A lease may take the form of a legal estate s11b law of property act 1925 or it may be an equitable interest depending on the formality used to create it. In the context of implied trusts, there are two types of trusts.
Revision note on creation and transfer of estates and interests in land. Section 2 of the law of property miscellaneous provisions act 1989 contract for sale or disposition of interest in land must be in writing, all agreed terms must be incorporated in one document or, where contracts are exhcnged, in each, and signed by both parties see statute for the exact conditions. If somebody has a lease over a piece of land then he has the right to the use and enjoyment of that land for the duration of his lease. A lease leasehold is conferred by a landlord lessor on the tenant lessee. If you get a strong structure into your notes while you are learning, you will find revision and remembering the material in the examination becomes much easier. Why may an equitable interest in land come into existence, even if the correct formalities necessary to create a legal interest in land are not complied with.
The general revision act sometimes land revision act of 1891 was a federal legislation initiative signed in 1891 under the presidential administration of benjamin harrison. An express trust of land will be recognised so long as the relevant formality requirements s53 law of property act 1925. Law of property act dealings with equitable title disposition. Section 53 of the law of property act 1925 provides. It was passed only after considerable deliberation and revision. It is the means of cresting a proprietary interest in land when the correct formalities are not followed. Learn vocabulary, terms, and more with flashcards, games, and other study tools. A transfers land to b or buys land in bs name on an oral understanding with b that b will hold the land on trust for a, case law assumes a cannot subsequently prove the express trust by signed writing to satisfy s531b because the only person who can do that is b. This includes the sale of land, a lease of property over three. We also stock notes on land law as well as law notes.
A mortgage charge by way of legal mortgage is legal under s 12c lpa 1925. A contract for guarantee must also, at some stage, be evidenced in writing. Topic 2 formalities gdl revision notes 201516 by yourgdl. Under common law rules section 79 1 lpa 1925 provides that it is the intention of a covenant in common law that the benefit of a covenant is passed on to the successor of the land, so as to give them the right to enforce a promise by a promisor on that land. We also stock notes on trusts as well as law notes generally. Pdf formalities and autonomy in land law researchgate. This short article examines whether the requirement for formalities detracts from the autonomy of land owner in dealing with their property. The aim of this paper is to examine the advantages and disadvantages secured by formality requirements in the area of land law. Land law concentrate 5e oxford university press online. All land in england and wales notionally belongs to the crown absolutely. Our legal system is based on these rules and this area of law gave birth to the law of trusts.
Study guide formalities and ownership revision notes. In presentday land law, exceptions to formalities are as important as formalities themselves. Lease or licence land law a lease is a form of ownership of land, however, unlike freehold ownership which lasts forever, leasehold ownership lasts for a specified period of time. Law of property act 1925, s 532 purpose of the act prevent fraud. Formalities, intention to contract and capacity oxbridge.
Hence, unlike with express trusts of land, implied trusts of land are not required to be evidenced in writing and do not require the signature of the settlor law of property act 1925, s. Law 9 of 197719th may, 1977 law 27 of 19775th december, 1977 law 8 of 19799th april, 1979 law 16 of 198524th may, 1985 law 19 of 198711th september, 1987 law 12 of 199rd july, 1991 law 32 of 199329th november, 1993 law 6 of 200312th august, 2003 law 36 of 201727. It is only possible for a subject to own a set of rights in the land known as an estate in land. Texas no longer allows ownerfinancing under last years texas house bill 10 the safe act unless the seller has a license. Formalities for trusts of land, and the doctrine in.
Notes on topic one of land law formality rules and ownership. Safe which stands for secure and fair enforcement for mortgage licensing act was passed in order to comply with a federal law of the same name. We also stock notes on land law as well as law notes generally. Land administration law of the peoples republic of china. By this point you should have a fairly clear idea as. Constitution and formalities of a trust digestible notes. Formalities and ownership revision notes land law a10651w1. Discuss this question with reference to registration and, at least, one of the following, implied trusts, proprietary estoppel or mortgages. The general revision act of 1891 reversed previous policy initiatives, such as the timber culture act of 1873, in which land fraud was readily accessible on the behalf of wealthy individuals and corporations. In this law authorised investments means investments authorised by the instrument, if. For the requisition of agricultural land, formalities of examination and approval for turning.
Of land to the right honourable the lord hailsham of st. Leases and licenses case law revision caserevision. In contract law, formality is typically required for large engagements. It is usually granted in return for rent, and both parties tend to agree to do or refrain from doing certain things for the duration of the estate. Fixtures and chattels, rights above and below the surface of land, overreaching, overriding interests, priority in registered and. This includes the sale of land, a lease of property over three years, a. Pdf the law imposes statutory provisions into land transactions so that only those meeting formality requirements can have legal or equitable. This includes the sale of land, a lease of property over three years, a consumer credit agreement, and a bill of exchange.
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