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Essay / Research Paper Abstract
This 6 page paper answers three land law questions. The first considers what elements are needed in a contract for the sale of unregistered land. The second question considers why and how a potential buyer gains an interest in a property after the contracts are exchanged. The last question examines who it is possible for that interest to pass to a third party if the seller sells the property to a third party despite having exchanged contracts with someone else beforehand. The bibliography cites 3 sources.
Page Count:
6 pages (~225 words per page)
File: TS14_TEequitright.rtf
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Unformatted sample text from the term paper:
sell it to Bedevere. If we consider this we can look at the contract that will need to in place. The first stage of any buying process will see the
verbal agreement between the buyer and the seller for the transaction, however this verbal agreement is not the contract as a contract for the sale of property have additional requirements
in addition to usual contract law. The contract, to be legally binding needs to comply with the Law of Property (Miscellaneous Provisions) Act 1989 states that fir the contract
to be valid the contract needs to be in writing and it needs to incorporate all the terms of the sale that have been expressly agreed by the parties in
a single document and the contract also needs to be sign by or on behalf of both the seller and the buyers. The terms and conditions may also refer to
other documents (Gray and Gray, 2004). In this case there is also the increased complexities as the land is not registered. For register
land a land certificate is prepared by the Land Registry when an estate, either freehold or leasehold is registered for the first time. This certificate will contain all the relevant
information concerning the title that is being registered. However, the certificate is not deemed to be proof of ownership, the proof of ownership is the entry on the land register.
The certificate is available to the owner of the land. This certificate is prepared and issued under The Land Registration Act 1925 section 63. However when a property has
a mortgage on it, meaning that it is being used as security against a loan, then the certificate is retained by the Registry under The Land Registration Act 1925 section
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