(a) The minimum formalities to be complied with are set out in LPA 1925, s 53(1)(c).
(b) However, if contracting to transfer an equitable interest, this would require a valid contract (i.e. compliance with LP(MP)A [...], s 2) and specific performance must be available, on the basis that equity sees as done that which ought to be done.
(c) Where the holder of an absolute title in an estate in land transfers his legal estate without mention of the equitable interest within the transfer deed, the new owner can rely on the provisions of the LPA 1925, s 62 to imply the equitable interest into the
transfer (unless a contrary intention is expressed).
Answer
1989
Tags
#interests #land #law
Question
Transfer of an Existing Equitable Interest
(a) The minimum formalities to be complied with are set out in LPA 1925, s 53(1)(c).
(b) However, if contracting to transfer an equitable interest, this would require a valid contract (i.e. compliance with LP(MP)A [...], s 2) and specific performance must be available, on the basis that equity sees as done that which ought to be done.
(c) Where the holder of an absolute title in an estate in land transfers his legal estate without mention of the equitable interest within the transfer deed, the new owner can rely on the provisions of the LPA 1925, s 62 to imply the equitable interest into the
transfer (unless a contrary intention is expressed).
Answer
?
Tags
#interests #land #law
Question
Transfer of an Existing Equitable Interest
(a) The minimum formalities to be complied with are set out in LPA 1925, s 53(1)(c).
(b) However, if contracting to transfer an equitable interest, this would require a valid contract (i.e. compliance with LP(MP)A [...], s 2) and specific performance must be available, on the basis that equity sees as done that which ought to be done.
(c) Where the holder of an absolute title in an estate in land transfers his legal estate without mention of the equitable interest within the transfer deed, the new owner can rely on the provisions of the LPA 1925, s 62 to imply the equitable interest into the
transfer (unless a contrary intention is expressed).
Answer
1989
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(a) The minimum formalities to be complied with are set out in LPA 1925, s 53(1)(c).
(b) However, if contracting to transfer an equitable interest, this would require a valid contract (i.e. compliance with LP(MP)A <span>1989, s 2) and specific performance must be available, on the basis that equity sees as done that which ought to be done.
(c) Where the holder of an absolute title in an estate in
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