Sale of Land
This is the mind map about the sale of land, the process of selling the land.
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Lock-out contracts
Pitt v PHH 1994
No oral contractsfor sale of land
LPA 1989 s2 (exceptions!)
Lack of security
Gazumping
Gazundering

"Exchange of contracts" = exchange of documents leading to a contract
Comm. New Towns v Cooper 1995
Creates binding agreement

Law of Property (MP) Act 1989
s2
Contract documents
In writing
Include all terms
Signed by (or on behalf of) parties
Exceptions s5
Lease <3yrs "In possession"
"In possession" LPA 1925 s54
Long v Tower Hamlets (1998)
Auction sale
Documents 'Contracts'
Binding agreement only occurs at exchange
Commissioners New Towns v Cooper (1995)

LPA 1925 s52
Land transfer MUSTusually be by deed
Exceptions (s54)
Inherit through will
Grant of lease <3yr
Not further sale of lease!
Deeds
Clearly a deed
"makes clear on its face it is intended to be a deed"
Validly executed
Signed & witnessed
Signed by authorised person(s)
In presence of witness(s)
Delivered
Is NOT physical transfer
"he makes it clearhe intends it as his deedpresently binding on him"
Alan Estates v WG Stores 1982
May be conditional or future
Escrow
Defined by s52 LPA (MP) Act 1989
After 31 July 1990
Before then
Deed had to be:
Signed
Sealed
Delivered
NO witnesses needed

Pitt v PHH 1994
Comm. New Towns v Cooper 1995
Alan Estates v WG Stores 1982