Creation & Transfer of Legal Estates & Interests
Justification for Formality Requirements
Satisfies the need for certainty to minimise disputes and the ensuing litigation
o Evidential function of writing is valuable and makes clear the effect of non-
compliance
Assists in the prevention of fraud and provides a measure of consumer protection
o Especially important as transactions involving land often involve major
financial commitments
Prevents parties from being bound inadvertently or prematurely
Process of Creating and Transferring Legal Rights
1. Contract
2. Creation/Transfer The contract is executed by the vendor transferring the title
3. Registration Purchaser applies to be registered as the proprietor of the estate
a. Legal title does not vest in the purchaser until registration
Creation/Transfer of a Legal Estate
You need a deed
s.52(1) LPA 1925
‘All conveyances of land or of any interest therein are void for the purpose of conveying or
creating a legal estate unless made by deed’
Requirements of a deed
Law of Property (Miscellaneous Provisions) Act 1989 s.1(2):
‘An instrument shall not be a deed unless—
(a) it makes it clear on its face that it is intended to be a deed by the person making
it or, as the case may be, by the parties to it (whether by describing itself as a deed
or expressing itself to be executed or signed as a deed or otherwise); and
(b) it is validly executed as a deed by that person or, as the case may be, one or more
of those parties.
LP(MP)A 1989 s.1(3):
‘An instrument is validly executed as a deed by an individual if, and only if—
(a) it is signed—
(i) by him in the presence of a witness who attests the signature; or
(ii) at his direction and in his presence and the presence of two witnesses who each
attest the signature; and
Justification for Formality Requirements
Satisfies the need for certainty to minimise disputes and the ensuing litigation
o Evidential function of writing is valuable and makes clear the effect of non-
compliance
Assists in the prevention of fraud and provides a measure of consumer protection
o Especially important as transactions involving land often involve major
financial commitments
Prevents parties from being bound inadvertently or prematurely
Process of Creating and Transferring Legal Rights
1. Contract
2. Creation/Transfer The contract is executed by the vendor transferring the title
3. Registration Purchaser applies to be registered as the proprietor of the estate
a. Legal title does not vest in the purchaser until registration
Creation/Transfer of a Legal Estate
You need a deed
s.52(1) LPA 1925
‘All conveyances of land or of any interest therein are void for the purpose of conveying or
creating a legal estate unless made by deed’
Requirements of a deed
Law of Property (Miscellaneous Provisions) Act 1989 s.1(2):
‘An instrument shall not be a deed unless—
(a) it makes it clear on its face that it is intended to be a deed by the person making
it or, as the case may be, by the parties to it (whether by describing itself as a deed
or expressing itself to be executed or signed as a deed or otherwise); and
(b) it is validly executed as a deed by that person or, as the case may be, one or more
of those parties.
LP(MP)A 1989 s.1(3):
‘An instrument is validly executed as a deed by an individual if, and only if—
(a) it is signed—
(i) by him in the presence of a witness who attests the signature; or
(ii) at his direction and in his presence and the presence of two witnesses who each
attest the signature; and
