LAND LAW FORMALITIES EXAM
QUESTIONS AND ANSWERS
Leases: Legal
Fewer than 3 years; periodic term - no formal requirement, can be created orally -
Answer-s54(2) LPA 1925
Leases: Equitable
There are three ways to create an equitable lease... - Answer-1. Failed legal lease
(no formalities)
2. An agreement to create a legal lease
3. A lease granted over an equitable estate
Leases: Equitable
Any equitable lease must - 1. Meet s2(1) LP(MP)A 1989 - - Answer-In writing,
containing all agreed terms and signed by both parties
Leases: Equitable
Any equitable lease must - 2. Be capable of specific performance - Answer-Walsh v
Lonsdale
Easements: Express Legal
Express legal easements must be... - Answer-1. Created by deed, s52(1) LPA 1925
2. For a duration equivalent to a legal estate, s1(2) LPA 1925
3. Registered, s27(2)(d) LRA 2002
Easements: Implied Legal
No formalities; implied by necessity at common law - Answer-Manjang v Drammeh
Easements: Express Equitable
Any express equitable easement must - 1. Meet s2(1) LP(MP)A 1989 - - Answer-In
writing, containing all agreed terms and signed by both parties
Easements: Express Equitable
Any express equitable easement must - 2. Be capable of specific performance -
Answer-Walsh v Lonsdale
Equitable only: Freehold Restrictive Covenants
Must be in writing and signed by the covenantor - Answer-s53(1)(a) LPA 1925
Equitable only: Estate Contracts
Option to Purchase or Right of Pre-Emption must be - Answer-1. In writing,
containing all agreed terms and signed by both parties, s2 LP(MP)A 1989
2. Capable of Specific Performance (Walsh v Lonsdale)
Equitable only: Estate Contracts
Any variation to a contract for land must comply with s2 LP(MP)A 1989 too - Answer-
MCA Island v Duncan Lawrie
QUESTIONS AND ANSWERS
Leases: Legal
Fewer than 3 years; periodic term - no formal requirement, can be created orally -
Answer-s54(2) LPA 1925
Leases: Equitable
There are three ways to create an equitable lease... - Answer-1. Failed legal lease
(no formalities)
2. An agreement to create a legal lease
3. A lease granted over an equitable estate
Leases: Equitable
Any equitable lease must - 1. Meet s2(1) LP(MP)A 1989 - - Answer-In writing,
containing all agreed terms and signed by both parties
Leases: Equitable
Any equitable lease must - 2. Be capable of specific performance - Answer-Walsh v
Lonsdale
Easements: Express Legal
Express legal easements must be... - Answer-1. Created by deed, s52(1) LPA 1925
2. For a duration equivalent to a legal estate, s1(2) LPA 1925
3. Registered, s27(2)(d) LRA 2002
Easements: Implied Legal
No formalities; implied by necessity at common law - Answer-Manjang v Drammeh
Easements: Express Equitable
Any express equitable easement must - 1. Meet s2(1) LP(MP)A 1989 - - Answer-In
writing, containing all agreed terms and signed by both parties
Easements: Express Equitable
Any express equitable easement must - 2. Be capable of specific performance -
Answer-Walsh v Lonsdale
Equitable only: Freehold Restrictive Covenants
Must be in writing and signed by the covenantor - Answer-s53(1)(a) LPA 1925
Equitable only: Estate Contracts
Option to Purchase or Right of Pre-Emption must be - Answer-1. In writing,
containing all agreed terms and signed by both parties, s2 LP(MP)A 1989
2. Capable of Specific Performance (Walsh v Lonsdale)
Equitable only: Estate Contracts
Any variation to a contract for land must comply with s2 LP(MP)A 1989 too - Answer-
MCA Island v Duncan Lawrie
