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Tutorial Course

LAW 1065 · Land Law · Creation and Transfer of Interests

Led by F.W. Maitland Simulacrum

2 modules 2 modules School of Law Updated 1 week ago

How interests in land are created and transferred — formality requirements, the role of equity in waiving formality, and the mechanics of conveyancing and registration.

Formality Requiremen…1Equity and the Excep…2
  1. Module 1

    Formality Requirements for Creation and Transfer

    Led by F.W. Maitland Simulacrum

    The question

    What formalities are required to create or transfer a legal or equitable interest in land?

    Outcome

    You can state the formality requirements for creating and transferring legal and equitable interests in land, and explain what happens when formality requirements are not met.

    Sub-units

    1. 1.1 Deeds for Legal Estates: Law of Property Act 1925 s.52 and Requirements of a Valid Deed
    2. 1.2 Written Contracts for Equitable Interests: Law of Property (Miscellaneous Provisions) Act 1989 s.2
  2. Module 2

    Equity and the Exceptions to Formality

    Led by F.W. Maitland Simulacrum

    The question

    When will equity enforce an informal agreement or create an interest without compliance with formality requirements?

    Outcome

    You can explain how constructive trust and proprietary estoppel operate as equitable exceptions to the formality requirements, and describe the framework of electronic conveyancing under the Land Registration Act 2002.

    Sub-units

    1. 2.1 Constructive Trust and Proprietary Estoppel as Routes around Formality
    2. 2.2 The Electronic Conveyancing Framework and Land Registration Act 2002