Sale of Land in UK Law
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Jerome v Kelly (Inspector of Taxes)
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Neither the seller nor the buyer has unqualified beneficial ownership. Beneficial ownership of the land is in a sense split between the seller and buyer on the provisional assumptions that specific performance is available and that the contract will in due course be completed, if necessary by the Court ordering specific performance. In the meantime, the seller is entitled to enjoyment of the land or its rental income.
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Firstpost Homes Ltd v Johnson
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Whereas an oral contract was allowed and enforceable provided that it was evidenced in writing and the memorandum or note thereof was signed by or on behalf of the party against whom it was sought to be enforced, oral contracts are now of no effect and all contracts must be signed by or on behalf of all the parties.
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Alexey Samarenko v Dawn Hill House Ltd
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Moreover Robert Goff LJ clearly stated that non-payment of the deposit would entitle the seller to bring the contract to an end. This is demonstrated by the court's reliance in Damon on both ship contract and land contract cases. That decision is entirely consistent both with the nature of a deposit and with the general approach of the law to repudiation and renunciation of contracts.
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Raineri v Miles
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Since the statutory fusion of law and equity in 1875 it has been enacted (Supreme Court of Judicature Act 1873, Section 25 (7) now re-enacted in slightly different language in the Law of Property Act 1925, Section 41) that stipulations of a contract, as to time or otherwise, which according to rules of equity are not deemed to be orto have become of the essence of the contract are also to be construed and have effect at law in accordance with the same rules, The third parties rely on Section 41 on the point of construction.
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Johnson v Agnew
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First, in a contract for the sale of land, after time has been made, or has become, of the essence of the contract, if the purchaser fails to complete, the vendor can either treat the purchaser as having repudiated the contract, accept the repudiation, and proceed to claim damages for breach of the contract, both parties being discharged from further performance of the contract; or he may seek from the court an order for specific performance with damages for any loss arising from delay in performance.
(2) The general principle for the assessment of damages is compensatory, i.e. that the innocent party is to be placed, so far as money can do so, in the same position as if the contract had been performed. But this is not an absolute rule: if to follow it would give rise to injustice, the court has power to fix such other date as may be appropriate in the circumstances.
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City of London Building Society v Flegg
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- Sale of Land by Auction Act 1867
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Trusts of Land and Appointment of Trustees Act 1996
... ... including provision phasing out the Settled Land Act 1925, abolishing the doctrine of conversion and otherwise amending the law about trusts for sale of land; to amend the law about the appointment and retirement of trustees of any trust; and for connected purposes.[24th July 1996] ... Be it ... ...
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Limitation Act 1939
... ... chattel shall be extinguished ... Actions to recover land, advowsons and rent ... Actions to recover land, advowsons and rent ... interests in the proceeds of the sale of land held upon ... trust for sale, in like manner as they apply to ... ...
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Law of Property (Miscellaneous Provisions) Act 1989
... ... with respect to deeds and their execution and contracts for the sale or other disposition of interests in land; and to abolish the rule of law ... ...
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REVIEWS
Book reviewed in this article: Law and the Laws, being the Marginal Comments of a Theologian. By Nathaniel Micklem, Principal of Mansfield College, Oxford. Cases on Church and State in the United S...... ... xxxi and 490 and (index) 18 pp. €2 7s. 6d.I THE SALE OF LAND. By EDWARD F. GEORGE, u.B., Solicitor. [London: Sweet ... ...
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COMPARATIVE LAND TENURE OF TEN TANGANYIKA TRIBES
... ... 81 COMPARATIVE LAND TENURE OF TEN TANGANYIKA TRIBES I. PROPRIETARY SYSTEM, LAND SCARCITY, PERENNIAL CROP. (Arusha, Sambaa, Haya) (a) Sale of land permitted, with or without the consent of the family. (b) Effective cultivation not a condition of tenure. (c) Uninhabited ... ...
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Acquiring Property Rights from Uncompleted Sales of Lane
... ... Acquiring Property Rights from Uncompleted Sales of Land Nicholas Hopkins* This article is concerned with the use of uncompleted ... Until a sale of land is completed by deed the sale is generally ineffective to convey ... ...
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LEGISLATION
... ... II. LAND. NIGERIA (Western Region) Regional Agricultural Ordinance, No.3 of ... 9 of The Land Alienation Decree 1939 to allow attachment and sale of land in the case of debts due by or to a co- operative society ... ...
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English Contract Law and Oral Contracts - Your Word May Still Be Your Bond
Verbal contracts have their place in English law - Whether it was American movie mogul Samuel Goldwyn or the Australian/Irish politician Bryan O’Loghlen who first said, ‘A verbal contract is...... ... that contracts for the sale of land ... must be in writing), the courts ... can find the ... ...
- Time, Ultimatums And Rescission In Land Sale Contracts
- Procurement Update: The Sale Of Development Land By A Public Body Is Not Automatically Subject To EU Procurement Rules
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Emails Constitute Writing
... ... Statute requires guarantees and contracts for the sale of land to be in writing and signed. A 2006 case, J Pereira Fernandez SA v ... ...
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Form N244
Chancery forms, including claim forms and applications for orders.... ... Where the funds represent proceeds of sale of land or property directed to be paid into ... Court, you must provide ... ...
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Common form of order for sale
Chancery forms, including claim forms and applications for orders.... ... THE FIRST SCHEDULE ... The freehold property known as (specify) and registered at Her Majesty’s Land Registry under Title Number ... ...
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Enforcing charging order (single defendant)
Chancery forms, including claim forms and applications for orders.... ... Land Registry under Title Number ] (“the ... () the [Claimant] [Claimant’s Solicitor] will have conduct of the sale ... () to enable the Claimant to carry out the sale, there be ... ...
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Enforcing charging order (multiple defendants)
Chancery forms, including claim forms and applications for orders.... ... Land Registry under Title Number ] (“the ... sale ... [It is assumed that the Defendants are husband and wife and that ... ...