Co-ownership - Creation of Equitable Interests
5 important questions on Co-ownership - Creation of Equitable Interests
What is meant by express trust and what are the relevant sections of the LPA 1925?
What is meant by 'implied' trusts over land under equitable interests under trusts?
Explain the exception in s2(5)(a) LP(MP) A 1989 that the sale of land has to be made by signed writing?
(a) to a short lease falling within s54(2) LPA 1925 (parol lease) - can be oral
(b) a contract made in the course of a public auction.
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What are the formalities for estate contracts under s 2 of the LP(MP)A 1989? !!! EQUITY WILL RECOGNISE AS AN ESTATE CONTRACT A LEASE, OR AN EASEMENT WHICH SATISFIES S 1 LPA 1925 BUT WHICH HAS NOT BEEN GRANTED BY DEED (EG, A DOCUMENT) !!!
- in writing
- containing all the agreed terms
- and signed by both parties
!!!ONLY APPLIES TO EASEMENTS OF AN UNCERTAIN PERIOD THAT IS NOT CAPABLE OF BEING LEGAL UNDER S 1(2)(A) LPA 1925!!! What are the formalities for an equitable easement?
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