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10 Cards in this Set
- Front
- Back
LPMPA s2
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all contracts for the disposition of land will be void inless they are in writing and signed by the parties to the contract
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UBK v Sahib
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s2 lpmpa has abolished the possibility of creation of a mortgage or charge by deposit of title deeds
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LPA s53(1)(b)
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trusts of land should be evidenced in writing
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LPA s53(1)(c)
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dispositions of existing equitable interests must be in writing
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Vandervell
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s53(1)(c) is to prevent hidden oral fraudulent transactions
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Grey
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disposition should be given its natural meaning
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Re Paradise
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a disclaimer of beneficial interest is not a disposition of a beneficial interest within s53(1)(c)
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Grainge v Wilberforce
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where a B declares he is holding his BI on trust for another, this isnt a disposition but rather a declaration of a subtrust only requiring writing if it contains land-up for debate-Paul Matthews
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Neville v Watson
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endorsed OUGHTRED-the benefit of the contract , a chose in action was held by the legal owner for the benefit of the person who had provided valuable consideration
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Vandervell pt 2
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where an equitable owner, absolutely entitled and capable of doing so makes an oral declaration to the trustee to transfer legal title to a transferee intending at the same time that the equitable title is transferred to the same transferee, no need to comply with s53(1)(c)
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