Sale of Land in UK Law

Leading Cases
  • Jerome v Kelly (Inspector of Taxes)
    • House of Lords
    • 13 May 2004

    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.

  • Firstpost Homes Ltd v Johnson
    • Court of Appeal (Civil Division)
    • 20 July 1995

    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.

  • Alexey Samarenko v Dawn Hill House Ltd
    • Court of Appeal (Civil Division)
    • 01 December 2011

    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.

  • Raineri v Miles
    • Court of Appeal (Civil Division)
    • 06 July 1979

    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.

  • Johnson v Agnew
    • House of Lords
    • 08 March 1979

    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.

  • City of London Building Society v Flegg
    • House of Lords
    • 14 May 1987

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Legislation
  • Sale of Land by Auction Act 1867
    • UK Non-devolved
    • January 01, 1867
  • Trusts of Land and Appointment of Trustees Act 1996
    • UK Non-devolved
    • January 01, 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 ... ...
  • Limitation Act 1939
    • UK Non-devolved
    • January 01, 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 ... ...
  • Law of Property (Miscellaneous Provisions) Act 1989
    • UK Non-devolved
    • January 01, 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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Books & Journal Articles
  • REVIEWS
    • No. 16-3, July 1953
    • The Modern Law Review
    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 ... ...
  • COMPARATIVE LAND TENURE OF TEN TANGANYIKA TRIBES
    • No. 6-2, April 1986
    • Public Administration and Development
    ... ... 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 ... ...
  • Acquiring Property Rights from Uncompleted Sales of Lane
    • No. 61-4, July 1998
    • The Modern Law Review
    ... ... 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 ... ...
  • LEGISLATION
    • No. 7-1, January 1987
    • Public Administration and Development
    ... ... 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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Law Firm Commentaries
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Forms
  • Form N244
    • HM Courts & Tribunals Service court and tribunal forms
    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 ... ...
  • Common form of order for sale
    • HM Courts & Tribunals Service court and tribunal forms
    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 ... ...
  • Enforcing charging order (single defendant)
    • HM Courts & Tribunals Service court and tribunal forms
    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 ... ...
  • Enforcing charging order (multiple defendants)
    • HM Courts & Tribunals Service court and tribunal forms
    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 ... ...
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