Co-ownership - Creation of Legal Estates and Interests
4 important questions on Co-ownership - Creation of Legal Estates and Interests
STEP 1: Is it necessary for the legal estate and interest to be made by deed under s52(1) LPA 1925?
STEP 2: the exception in s 52(2)(d) LPA 1925 states that some leases are not required by law to be made in writing. Explain how s54(2) LPA 1925 describe such leases.
- in possession
- for a term not exceeding three years.
- pays the best rent which can be reasonably obtained without taking a fine.
The requirements for a deed are contained in which section of the Law of Property (Miscellaneous Provisions) Act 1989?
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STEP 3: Explain the requirements for a deed mentioned in ss52(1) LPA 1925 which are contained in s1 LP(MP) A 1989?
- say that it is a deed
- signed
- witnessed
- delivered as a deed (does not have to be physical, but also a matter of intention)
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