Property Law in England and Wales

ENGLAND AND WALES
PROPERTY LAW

TABLE OF CONTENTS
QUESTION A .................................................................................................................................1
Law of Property Act, 1989...........................................................................................................1
QUESTION B..................................................................................................................................6
Issue.............................................................................................................................................6
Rules............................................................................................................................................7
Application.................................................................................................................................10
Conclusion ................................................................................................................................10
REFERENCES..............................................................................................................................12

QUESTION A
Contracts for sale of Land, law balances the need for potential and certainty for the unacceptable
hardships where there is non compliance with with section 2 of the Law of Property Act, 1989.
Law of Property Act, 1989.
Law related to Property (Provisions which are Miscellanous) Act 1989 is act of
parliament, of United Kingdom. This law is one of the most important law and has revised the
English Property Law.
Common rules of law governing form & delivery of deed is abolished and is replaced by the
requirements like
 Validity of the deed will be depending over the expression as such.
 It is signed either by individual in presence of witnesses attesting to it, else should be
attested by 2 witnesses at discretion.
 Deed is delivered either by himself or by the person who is been authorised to act on his
behalf.
Contract for sale or disposition of interests over land are required in writing, they should
incorporate all the agreed terms under single document.
Rule of laws known as judgement in the Bain vs Fothergill was abolished ( in action for
breach for contracts for the property sales as the title has been failed without the fraudulent act,
accuser can only get back the expenses and not the amount which has been invested by them.)
(Poulsom, 2017). In the land registered from Land Registration Act 2002 these action would not
be occurring longer as per title guarantee of land registry in which no frauds are contributed or
carried out by transferor or seller (Law of Property Act, 1989, 2019). Over the unregistered land
it is policy that other areas of laws recipient/ purchaser of land, are entitled with the good title,
will be given compensation as seems fit to the court, subject to the specific bindings precedent
decision without any absolute bar over the damages.
Subsequent Jurisprudence
1

Execution validity under mercury
Section 1 (3) of Act provides
Instrument can only get validated as the deeds performed by one has get done the following
aspects
 hired with himself in the eyes of witness that has attested the autograph, or
 On the discretion & in the eyes of himself with the 2 witnesses who will be attesting
autograph.
b) is delivered as deed by himself or any person who has been authorised for acting on his
behalf.
In 2008 High Court of England & Wales expressed in obiter that recycling the signature pages or
page from previous drafts would be rendering agreements in obligation as invalid as deed under
Act.
Land Contracts covered under the Act
Section 2 of the act is concerned with contract related to sales or creation of legal estates
or the interest in land, and not dealing in the documents transferring such interests or estates.
Scope of such contracts are defined under under section 2.
1. The sale of contract or for the acquisition of the other piece of land could be made
implemented in writing form & even by implementing the facts and figures that
individuals have agreed to expressly under single document or under exchange of
contracts in each.
2. Terms of contract can be incorporated under document either by setting out in it or by
referencing with other document.
3. Documents that are relating to the terms of incorporated or where there is exchange of
contracts, one of the document that is integrating them should be registered by self or on
the name of every party to contract (Walsh and Fox O’Mahony, 2018).
Court of Appeal has provided for the type of agreements that will be falling either within or
outside the Act.
2