Tutorial 3 land law - helpful notes. PDF

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TUTORIAL 3 land law Questions 1.

What formalities are required for a valid contract to acquire land or some interest in land? How, if at all, does the Land Registration Act 2002 impact upon these formal requirements? in writing/contain all the agreed terms(Minimum content/obligations = parties; property; consideration Rossiter v Miller (1878) 3 App Cas 1124) /  signed by both parties /  Either: Single document Or: Two identical documents –one signed by purcahser (buyer) and one by vendor (seller) and parts then exchanged IF rules are not complied then there is simply no K. And this can be contrasted from before with the old principle that there was a K but it was not enforceable. There must be a deed For the transf 

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Registration of title: s 4 or 27 LRA 2002 (in 2017 this will be a requirement even if the title being sold in Ian’s Plaice is unregistered/title deeds)

2. Eliza owns a country cottage, The Parsonage. She decides to sell it. Darcy, her friend, sends Eliza a letter offering her £275,000 for The Parsonage. Eliza writes back to him saying she agrees to his terms. Because Darcy has nowhere to live, Eliza lets him move into The Parsonage immediately. Darcy installs central heating at his own expense. One day before the sale transaction is due to be completed, Eliza tells Darcy that she has changed her mind and that she intends to move back into The Parsonage. She asks him to leave. Advise Darcy. [The following may help you in thinking about how to construct your answer. (a) Overall, what is it that Darcy wants to know if he can legally do? (b) Working through each sentence of the question, identify what if any legal issues are raised by the facts. (c) Consider what if any further information you might need in order to make your advice comprehensive. (How do you determine which are relevant factual assumptions or implications to make?) (d) Which, if any points, don’t the legal authorities decide conclusively? How should you advise Darcy about them? (e) Is there scope for your own reasoned arguments? [By reference to what materials might you bolster such arguments?] Overall what Darcy wants to know what he can legally do,is whether he has a claim of a right in the Parsonalafe. The issues raised by the facts are. Firslty the scenario its not clear in the word ‘owns ‘.What does it mean to own a land? Wht kind of property does Eliza have under the land? Firslty the scenario later has the word ‘friend’. in contract law the presumption is that in social agreements there is no intention to create legal relation but this presumption is prebutted in cases when the agreement has a commercial element which is also in this case.In this scenario there is a commercial element,an exchange of land for money with valid consideration. Additionally in the scenario it says “sends Eliza a letter offering her £275,000 for The Parsonage. Eliza writes back to him saying she agrees to his terms. This also comes under contract law and the issue raised is whether the letter of

acceptance was delived or not.It is not clear from the scenario. Another issue that is raised is whether the letters of contract or not. Under s2 a valid land contract must be in writing signed by both parties in one document or in 2 documents Two identical documents –one signed by purcahser (buyer) and one by vendor (seller) and parts then exchanged. The other issue in the scenario is that Dracy had nowhere to live , Eliza lets him move into The Parsonage immediately.The issue here that arises is how did they make this agreement? Was the agreement part of the contract or not ? Did they discuss it and agreed later orally ? THE SCENARIO IS not clear. Additionally the other issue that arises is the fact that he installed the central heating. This might raise a question whether he can claim proprietory estoppel. Thorner v Major (2009) [29] - Lord Walker held the elements for a proprietary estoppel are (1) a promise or representation by the defendant that the claimant has or will acquire some right in relation to the defendant’s land (2) the claimant’s reasonable reliance on this promise/representation (3) detriment suffered by the claimant by reason of his reliance on that promise/representation. Here one can argue that 3 qualifications are satisfied. The promise or representation by the defendant that the claimant has or will acquire some right in land.-THE CLAIAMANT RELIED ON IT AND THIS THE PROOF IF that he made the instalments of the heating with his own expenses. Thus the detriment is money he paid to install it.

The legal authorities do not decide conclusively ON S2 AND WHETHER Can

s2 be pleaded to defeat a claim by proprietary estoppel? The questions on this scenario are 2 First was the agreement signed?If the agreement was signed by both parties we have a contract and it can be argue in relation to the rules of contract law thar revocation of offer is not valid after acceptance has taken place. So there might be a breach of contract. If there was an oral agreement though for him to stay before the contract enacted this would not be valid under the eyes of the law as it does not fullfills the requirements of s2 that for a land contract parties must sign a document. The issue of rectification can not be used here as it can be argued that the term that he can live as shown from the scenario has not been Can he claim proprietory estoppel?

3.

Assess the significance of (a) Yaxley v Gotts and (b) Yeoman’s Row Management Ltd v Cobbe on the operation of section 2 of the LP (MP) A 1989 Act? (Find a brief case note/commentary on either or both case in a leading academic journal. How can you identify such literature sources? )

4.

What are the statutory requirements for a valid deed? Why are deeds used in land law?  

To validly transfer/convey Ian’s estate in the café (completion) must be made by deed*: ss 1 and 52(1) LPA 1925

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The historic requirement of a ‘seal’ is abolished: s 1(1)(b)

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Key exceptions to the need for a deed include: short leases; and acquisition of ownership by adverse possession

For the purposes of s 1(2) a deed is an:  instrument that ‘makes clear on its face that it is intended to be a deed by person making it’; and  which is validly executed (signed & witnessed); and  which is delivered (i.e. purely symbolic that maker intends it as his deed and to be binding on him: Alan Estates Ltd v WG Stores (1982))

(* But nowadays registration of title under LRA 2002 will also be necessary) Deeds are powerfull more or less any interest may be created or transferred by deed whether or not there is consideration 1. Deeds are effective in creating obligations.it is a basic common law proposition that gratuitious promises are not enforceable as k’s require consideration but gratuitious deeds are enforoceable. 2. Requirement of seal has been abolished 3. The next requirement of delivery is thoroughly misleading it means no more than an intention to be bound by the deed.suh an intention is is readily found as it is possible to execute a deed conditional upon some event .the deed is valid and cannot be revoked although it will not come into effect if the condition is not fulfilled.-CALLED AN ESCROW. 4. What is a deed ? clearly a document callind itself a deed satisfies this. 5. However having a sealed document is not enough. 6. In the case of hsbc Trust Company(UK) Ltd v Quinn it was held that the word deed not essential, as there MUST BE SOMETHING MORE THAN INTENTION OF A FORMAL BINDING DOCUMENT. 7. This is a strict test especially as regards people who are unfamiliar with legal technicalities.

1)First, it must be clear on the face of the document that it is intended to be a deed. To satisfy this requirement, the deed is likely to be peppered with references to ‘this deed’ and include standard language, such as ‘signed as a deed by’. 2)Second, the deed must be duly executed by the company. The way in which this is done depends upon the entity which is signing the deed. In the case of English companies incorporated under the Companies Act, the company may a x its company seal (if it has one). Alternatively, and more commonly, the deed can either be signed on behalf of the company by two directors of the company or by one director and the secretary, or the deed can be signed by one director in the presence of a witness who attests the signature. 3)Third, the deed must be executed as a whole, physical document, i.e. including any schedules and the signature pages. In relation to ‘virtual signings’ (i.e. execution of documents by email), 4)a deed must be ‘delivered’ to be efective. Historically, delivery meant the physical handing over of the document. Nowadays, it means any act which signi es an intention to be bound. This intention is usually embodied in a clause in the deed which states when that deed is delivered. It is common for such a clause to provide that the deed is delivered on the date stated on the rst page of the...