Everyday low prices and free delivery on eligible orders. 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. An interest that gives the owner a right to exclusive control over land for a period of predetermined length. 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. Formalities and ownership revision notes land law a10651w1. 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. Learn vocabulary, terms, and more with flashcards, games, and other study tools. 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. The aim of this paper is to examine the advantages and disadvantages secured by formality requirements in the area of land law. 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. We also stock notes on trusts as well as law notes generally.
Land law general revision notes land law 456z0404 mmu. In this law authorised investments means investments authorised by the instrument, if. Im currently going through some revision questions and im struggling to find the answers for following questions. Doc land law the benefits and detriments of formality. This short article examines whether the requirement for formalities detracts from the autonomy of land owner in dealing with their property. Land law revision guide 4 by duddington, john isbn. 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. In presentday land law, exceptions to formalities are as important as formalities themselves.
The transfer or conveyance of land, and the transfer of shares both require formalities. Discuss this question with reference to registration and, at least, one of the following, implied trusts, proprietary estoppel or mortgages. Which one of the following is not a formality for a valid land contract created on or after 27 september 1989. Land law is concerned with the nature of the right involved in the ownership of land. Providing clear, succinct coverage of the essential topics, it enable you to quickly grasp the fundamental principles of this area of. Land formalities, registration, overriding interests and overreaching notes and revision materials. Find more study material on our land law overview page. An express trust of land will be recognised so long as the relevant formality requirements s53 law of property act 1925. 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. Revision note on creation and transfer of estates and interests in land. 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. Pdf formalities and autonomy in land law researchgate. Land law concentrate 5e oxford university press online.
Land formalities, registration, overriding interests and. In contract law, formality is typically required for large engagements. 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. Law of property act 1925, s 532 purpose of the act prevent fraud. Pdf the law imposes statutory provisions into land transactions so that only those meeting formality requirements can have legal or equitable. In the context of implied trusts, there are two types of trusts. 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. Land law revision summary land law land law law4006. We also stock notes on land law as well as law notes. Study guide formalities and ownership revision notes. 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. A lease is a form of ownership of land that only lasts for a specified amount of time.
Fixtures and chattels, rights above and below the surface of land, overreaching, overriding interests, priority in registered and unregistered land, doctrine of notice. Proprietary estoppel is a body of principles that was developed by the courts to deal with a situation in which an owner of land confers some sort of right or privilege to another person. 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. It was passed only after considerable deliberation and revision. Land is defined in the law of property act 1925, section 2051ix. A lease leasehold is conferred by a landlord lessor on the tenant lessee. Formalities mcbridesguides helping you to study law. 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. By this point you should have a fairly clear idea as. Notes on topic one of land law formality rules and ownership. Formalities for trusts of land, and the doctrine in. Picarda, the law and practice relating to charities 1977 at 12 provides the best english treatment of this point. 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.
Formalitiesare required when creating trusts in land. This includes the sale of land, a lease of property over three years, a consumer credit agreement, and a bill of exchange. It looks to facilitate how an owner of land may use it or moderate how others do so. 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. It is often the case that such trusts appear on the face of the transfer of the property to the trustees. 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. To enforce the benefit at common law sarah will have to satisfy certain conditions to. Think carefully about the cases you know do they resonate with the scenario at hand. All land in england and wales notionally belongs to the crown absolutely. This includes the sale of land, a lease of property over three years, a. Law of property act dealings with equitable title disposition. It is the means of cresting a proprietary interest in land when the correct formalities are not followed. 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.
Land law problem question law essays essay sauce free. Our legal system is based on these rules and this area of law gave birth to the law of trusts. Statutory formalities notes and revision materials. Texas no longer allows ownerfinancing under last years texas house bill 10 the safe act unless the seller has a license. 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. This law may be cited as the trusts law 2020 revision. A lease can have both legal and equitable interests. 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. It is only possible for a subject to own a set of rights in the land known as an estate in land.
When creating a trust you need to transfer property i. As a matter of contract english law takes the approach that a gratuitous promise, as a matter of contract law, is not legally. Formalities, intention to contract and capacity oxbridge. While you are reading, keep in mind any points of law that you immediately recognise. A mortgage charge by way of legal mortgage is legal under s 12c lpa 1925. Section 53 of the law of property act 1925 provides. Of land to the right honourable the lord hailsham of st. All estates and interests which do not fall within either s 11 or s 12 are equitable only. Fixtures and chattels, rights above and below the surface of land, overreaching, overriding interests, priority in registered and. A contract for guarantee must also, at some stage, be evidenced in writing.
Sales assignments of such leases must still be by deed. Formalities and ownership revision notes land law stuvia. 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. Constitution and formalities of a trust digestible notes. Leases and licenses case law revision caserevision. 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. 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. 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 includes the sale of land, a lease of property over three. For the requisition of agricultural land, formalities of examination and approval for turning. Land administration law of the peoples republic of china. Topic 2 formalities gdl revision notes 201516 by yourgdl.
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