logging in or signing up Formalities with audio MichaelLower Download Post to : URL : Related Presentations : Share Add to Flag Embed Email Send to Blogs and Networks Add to Channel Uploaded from authorPOINTLite Insert YouTube videos in PowerPont slides with aS Desktop Copy embed code: (To copy code, click on the text box) Embed: URL: Thumbnail: WordPress Embed Customize Embed The presentation is successfully added In Your Favorites. Views: 50 Category: Education License: All Rights Reserved Like it (0) Dislike it (0) Added: October 12, 2009 This Presentation is Public Favorites: 0 Presentation Description No description available. Comments Posting comment... Premium member Presentation Transcript Principles of Land Law: Principles of Land Law FormalitiesTypes of formality: Types of formality Writing Made in writing Evidenced in writing DeedWhy have formalities?: Why have formalities? Prevent fraud Cooling-off period Make people think things through in detailLegal estates in land: Legal estates in land Deed needed to create, extinguish or transfer a legal estate in land How companies execute a deed: How companies execute a deed Affix seal Countersigned by two directors or a director and the company secretary If this is done it is normally presumed that the company has followed the procedure specified in its constitutionDeclarations of trust of land: Declarations of trust of land Can be oral Must be evidenced in writing Otherwise valid but unenforceableSale of land: Sale of land Preliminary contract Formal contract Completion 1 2 3 Equitable title certainly passes by end of stage 2 at the latest Legal title passes at end of stage 3Contract formalities: Contract formalities Written contract or memorandum Signed by the party ‘to be charged’ or his lawfully authorised representativeWhat counts as a memorandum?: What counts as a memorandum? Correspondence between the parties? Subject to contract prevents ‘premature’ contract formation May be possible to read several documents together to create the memorandumDoctrine of part performance: Doctrine of part performance There may still be a binding contract even though there is no written contract or memorandumRequirements: Requirements Binding agreement (only the writing is missing) Sufficient oral evidence of the agreement Acts pointing to the existence of the contract A contract (concerning the land?) is the most likely explanation for the acts The party denying the contract knew of the acts relied onThe rule in Walsh v Lonsdale: The rule in Walsh v Lonsdale Equity looks on that as done as ought to be done An agreement for lease creates an equitable lease Provided specific performance available (it usually is)Proprietary estoppel: Proprietary estoppel Promise or representation Relied on by the other person To that other person’s detrimentShort leases: Short leases Legal lases for 3 years or less at a full market rent and where the tenant is entitled to possession need not take the form of a deed and can even be oralNext week: Next week Registration and priorities You do not have the permission to view this presentation. In order to view it, please contact the author of the presentation.
Formalities with audio MichaelLower Download Post to : URL : Related Presentations : Share Add to Flag Embed Email Send to Blogs and Networks Add to Channel Uploaded from authorPOINTLite Insert YouTube videos in PowerPont slides with aS Desktop Copy embed code: (To copy code, click on the text box) Embed: URL: Thumbnail: WordPress Embed Customize Embed The presentation is successfully added In Your Favorites. Views: 50 Category: Education License: All Rights Reserved Like it (0) Dislike it (0) Added: October 12, 2009 This Presentation is Public Favorites: 0 Presentation Description No description available. Comments Posting comment... Premium member Presentation Transcript Principles of Land Law: Principles of Land Law FormalitiesTypes of formality: Types of formality Writing Made in writing Evidenced in writing DeedWhy have formalities?: Why have formalities? Prevent fraud Cooling-off period Make people think things through in detailLegal estates in land: Legal estates in land Deed needed to create, extinguish or transfer a legal estate in land How companies execute a deed: How companies execute a deed Affix seal Countersigned by two directors or a director and the company secretary If this is done it is normally presumed that the company has followed the procedure specified in its constitutionDeclarations of trust of land: Declarations of trust of land Can be oral Must be evidenced in writing Otherwise valid but unenforceableSale of land: Sale of land Preliminary contract Formal contract Completion 1 2 3 Equitable title certainly passes by end of stage 2 at the latest Legal title passes at end of stage 3Contract formalities: Contract formalities Written contract or memorandum Signed by the party ‘to be charged’ or his lawfully authorised representativeWhat counts as a memorandum?: What counts as a memorandum? Correspondence between the parties? Subject to contract prevents ‘premature’ contract formation May be possible to read several documents together to create the memorandumDoctrine of part performance: Doctrine of part performance There may still be a binding contract even though there is no written contract or memorandumRequirements: Requirements Binding agreement (only the writing is missing) Sufficient oral evidence of the agreement Acts pointing to the existence of the contract A contract (concerning the land?) is the most likely explanation for the acts The party denying the contract knew of the acts relied onThe rule in Walsh v Lonsdale: The rule in Walsh v Lonsdale Equity looks on that as done as ought to be done An agreement for lease creates an equitable lease Provided specific performance available (it usually is)Proprietary estoppel: Proprietary estoppel Promise or representation Relied on by the other person To that other person’s detrimentShort leases: Short leases Legal lases for 3 years or less at a full market rent and where the tenant is entitled to possession need not take the form of a deed and can even be oralNext week: Next week Registration and priorities