📍
3rd Party Interests &
Formalities PQ Structure
📍 STEP 1 — Identify the estate or interest
Determine the type of estate or interest in land you're dealing with (e.g.,
easement, lease, restrictive covenant)
📍 Step 2: Assess if it's capable of being legal
Check if the estate or interest is listed in s 1(1) or s 1(2) of the LPA 1925
Legal estates: freehold (fee simple absolute in possession) and
leasehold (term of years absolute)
Important legal interests: easement and mortgage
If not listed, it can only take effect in equity (LPA 1925, s 1(3))
📍 Step 3: Examine the formalities
Determine if the correct formalities were used to create the estate or
interest:
Creation by deed (general rule for legal estates and interests)
Creation in a contract (for equitable interests)
Creation by signed writing (for certain equitable interests)
No formalities (for specific cases like parol lease exception, certain
easements, implied trusts, and statutory rights)
3rd Party Interests & Formalities PQ Structure 1
3rd Party Interests &
Formalities PQ Structure
📍 STEP 1 — Identify the estate or interest
Determine the type of estate or interest in land you're dealing with (e.g.,
easement, lease, restrictive covenant)
📍 Step 2: Assess if it's capable of being legal
Check if the estate or interest is listed in s 1(1) or s 1(2) of the LPA 1925
Legal estates: freehold (fee simple absolute in possession) and
leasehold (term of years absolute)
Important legal interests: easement and mortgage
If not listed, it can only take effect in equity (LPA 1925, s 1(3))
📍 Step 3: Examine the formalities
Determine if the correct formalities were used to create the estate or
interest:
Creation by deed (general rule for legal estates and interests)
Creation in a contract (for equitable interests)
Creation by signed writing (for certain equitable interests)
No formalities (for specific cases like parol lease exception, certain
easements, implied trusts, and statutory rights)
3rd Party Interests & Formalities PQ Structure 1
