Formalities

Question 1

3 Reasons for formalities?
academic

Answer 1

Fuller
1. evidentiary function -> tells you who owns the property
2. cautionary function -> protects you from having your property stolen / swindled
3. channelling function -> framework to help parties understand legal process

Question 2

Sources of formalities
3 statutes & their sections

Answer 2

1. LPA 1925-> s.52, s.53, s.54
2. LPMPA 1989 -> s.1, s.2
3. LRA 2002 -> s.27

Question 3

What does LPA s.52 cover?

Answer 3

• s.52 (1) -> you need a deed to convey a legal estate
• s.52(2) -> has exceptions

Question 4

LPMPA s.1?

Answer 4

• s.1(2) -> states what a deed is
• s.1(3) -> states how a deed must be executed to be valid

Question 5

What is an exception to requiring a deed?

Answer 5

• short leases
• LPA s.54(2)
• leases under 3 years have to take effect immediately
• Why? -> because they’re really common

Question 6

case law

s.54(2) -> short leases

Answer 6

• Long v Tower Hamlets LBC [1998] -> must be immediate possession
• Fitzkriston LLP v Panayi [2008] -> best rent means market rent -> best rent means highest price that is reasonable

Question 7

What is LRA s.27?
- s.2(b)(i) -> why do we have it?
- s.27(2)(d)

Answer 7

• dispositions requiring to be registered
• a lease for more than 7 years must have a deed
• idea is that weird leases are registered to let people know what to expect
• basically an easement

Question 8

2 types of equitable interests

Answer 8

• express equitable interests
• implied equitable interests

Question 9

types of implied equitable interests

Answer 9

• resulting and constructive trusts by themselves
• equitable interests depending on a contract
• proprietary estoppel

Question 10

What formality do express equitable interests need?

Answer 10

• some type of signed writing under s.53 LPA

Question 11

formalities for resulting & constructive trusts by themselves?

Answer 11

• no formalities needed
• s.53(2) LPA

Question 12

formalities for equitable interests that depend on a contract?

Answer 12

• necessary to show that the formalities for the validity of the contract are complied with
• s.2 LPMPA

Question 13

formalities for proprietary estoppel?

Answer 13

• not required
• in some cases where it is being relied on to give effect to an unenforceable bargain, s.2 LPMPA may prevent it from arising

Question 14

What is the conveyancing process?

Answer 14

1. Informal agreement (nothing legally binding)
2. contract (legally binding)
3. Completion (when money is transferred & documentation signed)
4. registration (send docs to Land register to be uploaded)

Question 15

What happens if step 4 is incomplete?

conveyancing process

Answer 15

• no legal title
• must turn to equity

Question 16

Hudson v Hathway [2023]

what does it say about formalities?

Answer 16

• creation and transfer of property rights have to comply with formalities
• most important are s.2 LPMPA & s.53(1) LPA
• there is a distinction between them
• s.2 applies to executory contracts for disposition of land
• s.53(1) applies to instruments which effect immediate disposition

Question 17

4 equitable doctrines arising out of conveyancing process

Answer 17

1. express equitable interests
2. estate contract under Walsh v Lonsdale
3. Constructive trusts
4. proprietary estoppel

Question 18

LPA s.53?

Answer 18

• general writing requirements for equitable instruments

Question 19

Formalities requirements for a contract for the sale of an interest in land

Answer 19

• s.2 LPMPA 1989

Question 20

Estate Contract formalities?

3 cases

Answer 20

• Holroyd v Marshall [1862] -> a contract for valuable consideration passes the beneficial interest along
• Lysaght v Edwards [1876] -> beneficial title passes to purchaser the moment you have a valid contract for sale
• Walsh v Lonsdale [1882] -> when tenant holds a lease under agreement, he holds it in equity as if the lease had been granted

Question 21

How do constructive trusts arise?
case

Answer 21

• Matchmove Ltd v Dowding [2016]
  1. where there was an express agreement between the parties
  2. relied upon by the claimant
  3. to his detriment such that
  4. it would be unconscionable for D to deny C’s ownership of property

Question 22

When can you not rely on constructive trusts?
case

Answer 22

• Herbert v Doyle [2010]
• when there is an express intention for an agreement

Question 23

Which cases support the view that s.2 LPMPA can exclude claims of proprietary estoppel?

Answer 23

• Yaxley v Gotts [2000]
• Cobbe v Yeoman’s Row Management Ltd [2008]
  -> states that s.2 LMPMA makes void any agreement that doesn’t comply with formalities
  -> makes exceptions for resulting, implied, constructive trusts
  -> BUT prop. estop. doesn’t have that exception -> equity can’t contradict statute

Question 24

Which cases say that proprietary estoppel may not be excluded by s.2 LPMPA?

Answer 24

• Thorner v Major [2009]
  -> s.2 doesn’t impact a straightforward estoppel claim w/o contractual connection
• Howe v Gossop [2021]
  -> s.2 LPMPA won’t inhibit proprietary estoppel when it isn’t enforcing a non-compliant contract

Question 25

Formalities required in the conveyancing process

Answer 25

1. None 2. LPMPA s.2 3. LPA s.52 -> exception s.54(2) 4. LRA s.27

Question 26

Legal interests in the conveyancing process

Answer 26

1. none 2. none except short leases (s.54(2)) & legal leasehold estate 3. none except interests not requiring registration (e.g. legal interests like lease under 7 years) 4. legal estate

Question 27

Equitable interests in conveyancing process

Answer 27

1. representation / unconscionable conduct for proprietary estoppel / constructive trust 2. consideration -> Walsh v Lonsdale lease / easement 3. express equitable interest -> LPA s.53(1) (a) & (b) 4. identical equitable estate merges in legal estate

Question 28

Which case establishes what a signature is? what is it?

Answer 28

- Caton v Caton [1867] - intention to authenticate document

Question 29

Is a printed name a signature? case?

Answer 29

- Yes - Schneider v Norris [1814]

Question 30

Is a name on a telegram form a signature? case?

Answer 30

- Yes - Godwin v Francis [1870]

Question 31

Is a name on a rubber stamp a signature? case?

Answer 31

- yes - Goodman v J Eban Ltd [1954]

Question 32

Is signing an email a signature? cases?

Answer 32

- yes -> statute is always speaking - Hudson v Hathway [2022] - Neocleous v Rees [2019] -> automatic footer electronic signature

Question 33

Is a whatsapp message a signature? case?

Answer 33

- seems to argue yes - Reid-Roberts v Mei-Lin [2024] - this seems unreasonable though - this is all obiter