Legal Formality
Requirement for a Deed
With an unregistered title – documents transfer ownership from one
person to the next in a chain of ownership.
In a registered title – all that is shown is the current position.
LPA s52(1) – all conveyances of land shall be void for the purposes
of conveying or creating a legal estate unless made by deed.
Means void at law, implies that if you do not use a deed the
transaction is not totally in effect.
Exceptions where informality allowed:
o Assents – if somebody dies, the moment they die there is a
conveyance by operation of law passing the land to their
personal representatives. This does not require formality.
When land is passed on to beneficiaries, an assent is used. A
document executed by personal representatives. It does not
need to be a deed, it can be by signed writing.
o Short leases – LPA 1925 s54(2), maximum 3 year term, in
possession, at best rent reasonably obtainable. – this can be
by parol (either orally or in writing), vast majority of short
leases are periodic in character (monthly, yearly), requirement
then is that the period of tenancy is less than three years. Oral
arrangement can create a contract for a lease.
o Conveyances by operation of law – on your death bed, or if
you become bankrupt. In bankruptcy, property automatically
passes to trustee in bankruptcy.
o Otherwise it can operate (a) as a contract and (b) in equity
Nature of a Deed
At common law
o Before August 1990 the requirements for a deed executed by
an individual were:
Document written (or typed) on the proper substances
Signature (after LPA 1925 s73(1)) – historically a
signature was not necessary (medieval kings couldn’t
write their own names), requirement was introduced in
1925 when most people were literate.
Sealing – in medieval period, documents were
authenticated by putting wax onto the document and
impressing your seal into the wax, in later practice this
became inconvenient, moves towards putting red paper
on the document in place of the seal. Vitally important –
red paper seal turns document into a deed. Later
practice moved forward even more, would have black
circle printed on paper, sometimes with LS printed
inside (Latin for in place of a seal). Allows easier
photocopying.
Witness was not required under old formalities, but it
was very common that there would be a witness.
Requirement for a Deed
With an unregistered title – documents transfer ownership from one
person to the next in a chain of ownership.
In a registered title – all that is shown is the current position.
LPA s52(1) – all conveyances of land shall be void for the purposes
of conveying or creating a legal estate unless made by deed.
Means void at law, implies that if you do not use a deed the
transaction is not totally in effect.
Exceptions where informality allowed:
o Assents – if somebody dies, the moment they die there is a
conveyance by operation of law passing the land to their
personal representatives. This does not require formality.
When land is passed on to beneficiaries, an assent is used. A
document executed by personal representatives. It does not
need to be a deed, it can be by signed writing.
o Short leases – LPA 1925 s54(2), maximum 3 year term, in
possession, at best rent reasonably obtainable. – this can be
by parol (either orally or in writing), vast majority of short
leases are periodic in character (monthly, yearly), requirement
then is that the period of tenancy is less than three years. Oral
arrangement can create a contract for a lease.
o Conveyances by operation of law – on your death bed, or if
you become bankrupt. In bankruptcy, property automatically
passes to trustee in bankruptcy.
o Otherwise it can operate (a) as a contract and (b) in equity
Nature of a Deed
At common law
o Before August 1990 the requirements for a deed executed by
an individual were:
Document written (or typed) on the proper substances
Signature (after LPA 1925 s73(1)) – historically a
signature was not necessary (medieval kings couldn’t
write their own names), requirement was introduced in
1925 when most people were literate.
Sealing – in medieval period, documents were
authenticated by putting wax onto the document and
impressing your seal into the wax, in later practice this
became inconvenient, moves towards putting red paper
on the document in place of the seal. Vitally important –
red paper seal turns document into a deed. Later
practice moved forward even more, would have black
circle printed on paper, sometimes with LS printed
inside (Latin for in place of a seal). Allows easier
photocopying.
Witness was not required under old formalities, but it
was very common that there would be a witness.
