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Land Transfer Legal Principles
Summary
The case of Mascall v Mascall (1984) established that a gift of land is effective once the donor has done everything possible to transfer it, even if formal registration is incomplete. This principle can apply to properties like cottages. The equitable rule in Strong v Bird (1874) allows an incomplete inter vivos gift to be perfected if the donee is appointed executor of the donors will, provided the donor had a continuing intention to make the gift. An inter vivos gift is made during the donors lifetime and is irrevocable once completed. A donee is the recipient of a gift, while an executor manages a deceased persons estate. Freehold covenants are promises affecting land use. In England, transferring a freehold estate requires a deed under the Law of Property Act 1925 and registration under the Land Registration Act 2002. Constructive delivery occurs when a deed is given to a solicitor for the recipient.Full Conversation
can this apply to the transfer of title of a cottage
Yes, the principle in Mascall v Mascall can apply to the transfer of a title for a cottage. As long as the donor has done everything within their control to transfer the property, including handing over necessary documents, the transfer can be considered effective even if formal registration has not yet taken place.
Is there a specific issue or detail about the transfer you're concerned about?
Is there a specific issue or detail about the transfer you're concerned about?
what is the equitable rule in strong v bird
The equitable rule in Strong v Bird (*) states that if a person intended to make an inter vivos gift but did not complete it during their lifetime, the gift could still be perfected if the donee is appointed executor of the donor's will. This rule applies if:
- The donor had a continuing intention to make the gift.
- The donee was appointed executor of the donor's estate.
Is there a specific aspect of this rule you need more information on?
- The donor had a continuing intention to make the gift.
- The donee was appointed executor of the donor's estate.
Is there a specific aspect of this rule you need more information on?
what is an inter vivos gift
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An inter vivos gift is a gift made during the donor's lifetime, as opposed to a gift made in a will (testamentary gift). This type of gift is immediately effective when delivered and accepted, and it is irrevocable once completed.
Is there a specific aspect of inter vivos gifts you need more information about?
An inter vivos gift is a gift made during the donor's lifetime, as opposed to a gift made in a will (testamentary gift). This type of gift is immediately effective when delivered and accepted, and it is irrevocable once completed.
Is there a specific aspect of inter vivos gifts you need more information about?
what is a donee
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A donee is the recipient of a gift. In legal terms, the donee is the person who receives the gift from the donor (the person giving the gift).
Is there anything specific you need to know about the donee's role or rights?
A donee is the recipient of a gift. In legal terms, the donee is the person who receives the gift from the donor (the person giving the gift).
Is there anything specific you need to know about the donee's role or rights?
what is the exectuor
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An executor is the person named in a will who is responsible for managing the estate of the deceased person. Their duties include:
- Collecting and managing assets
- Paying off debts and taxes
- Distributing the remaining assets to beneficiaries as per the will
Is there a specific question you have about the role of an executor?
An executor is the person named in a will who is responsible for managing the estate of the deceased person. Their duties include:
- Collecting and managing assets
- Paying off debts and taxes
- Distributing the remaining assets to beneficiaries as per the will
Is there a specific question you have about the role of an executor?
what are freehold covenants
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Freehold covenants are promises included in a deed or land registry affecting freehold land. They can either be:
- Restrictive covenants: Limit what the landowner can do (e.g., not building extensions).
- Positive covenants: Require the landowner to take specific actions (e.g., maintaining a fence).
Do you need information on how to enforce or modify these covenants?
Freehold covenants are promises included in a deed or land registry affecting freehold land. They can either be:
- Restrictive covenants: Limit what the landowner can do (e.g., not building extensions).
- Positive covenants: Require the landowner to take specific actions (e.g., maintaining a fence).
Do you need information on how to enforce or modify these covenants?
if someone has made a lifetime gift of a piano to someone but dies before the person can collect it, are they still entitled to that gift
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If someone has made a lifetime gift (inter vivos gift) of a piano but dies before the recipient can collect it, the recipient may still be entitled to the gift if:
- The donor had a clear intention to make the gift.
- The donor did everything within their control to transfer the gift.
Is there any specific detail about the transfer process you're concerned about?
If someone has made a lifetime gift (inter vivos gift) of a piano but dies before the recipient can collect it, the recipient may still be entitled to the gift if:
- The donor had a clear intention to make the gift.
- The donor did everything within their control to transfer the gift.
Is there any specific detail about the transfer process you're concerned about?
what legal authorities require a deed for transfer of freehold estate
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In England, the transfer of a freehold estate requires a deed. The primary legal authorities involved are:
- Law of Property Act *: This act governs the transfer of property, including the requirement for a deed.
- Land Registration Act *: This act requires the registration of the transfer of freehold estates with HM Land Registry.
Is there a specific aspect of the deed or transfer process you're curious about?
In England, the transfer of a freehold estate requires a deed. The primary legal authorities involved are:
- Law of Property Act *: This act governs the transfer of property, including the requirement for a deed.
- Land Registration Act *: This act requires the registration of the transfer of freehold estates with HM Land Registry.
Is there a specific aspect of the deed or transfer process you're curious about?
which sections specifically
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The specific sections relevant to the transfer of freehold estate are:
- Law of Property Act *: Section *, which states that a conveyance of land or of any interest therein must be by deed.
- Land Registration Act *: Section *, which mandates the registration of the transfer of freehold estates with HM Land Registry.
Is there anything else you'd like to know about these sections?
The specific sections relevant to the transfer of freehold estate are:
- Law of Property Act *: Section *, which states that a conveyance of land or of any interest therein must be by deed.
- Land Registration Act *: Section *, which mandates the registration of the transfer of freehold estates with HM Land Registry.
Is there anything else you'd like to know about these sections?
what does S4 LRA * then S27(*)(a) Land registration act * say about the registration of deeds
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Section * of the Land Registration Act * covers events that trigger the requirement for first registration of unregistered land. Section *(*)(a) specifies that a transfer of a registered estate must be completed by registration.
Is there a particular aspect of these sections you're concerned about?
Section * of the Land Registration Act * covers events that trigger the requirement for first registration of unregistered land. Section *(*)(a) specifies that a transfer of a registered estate must be completed by registration.
Is there a particular aspect of these sections you're concerned about?
if a deed of conveyance of freehold property has been signed and given to a solicitor but hasnt been registred yet - is this actual, symbolic or constructive delivery for the person getting the property
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The delivery of a deed of conveyance of freehold property that has been signed and given to a solicitor but not yet registered is considered constructive delivery. This is because the deed is placed in the hands of the solicitor acting on behalf of the recipient, indicating the donor's intent to transfer the property.
Is there anything more specific you need to know about this process?
The delivery of a deed of conveyance of freehold property that has been signed and given to a solicitor but not yet registered is considered constructive delivery. This is because the deed is placed in the hands of the solicitor acting on behalf of the recipient, indicating the donor's intent to transfer the property.
Is there anything more specific you need to know about this process?
is it a chose in action or choses in action
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The correct term is "chose in action". It refers to a personal right to something not currently in the holder's possession but recoverable through legal action. This can include debts, shares, or the right to sue.
Do you need more details about how a chose in action might apply to your situation?
The correct term is "chose in action". It refers to a personal right to something not currently in the holder's possession but recoverable through legal action. This can include debts, shares, or the right to sue.
Do you need more details about how a chose in action might apply to your situation?
what are the legal formalities when transferring shares in a private cmpany
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To transfer shares in a private company in England, follow these steps:
- Check the company's Articles of Association for any specific transfer rules.
- Obtain a stock transfer form and fill it out.
- Pay any stamp duty if the share value exceeds £*,*.
- Update the company's register of members.
- Issue a new share certificate to the transferee.
Is there any specific step you need more details about?
To transfer shares in a private company in England, follow these steps:
- Check the company's Articles of Association for any specific transfer rules.
- Obtain a stock transfer form and fill it out.
- Pay any stamp duty if the share value exceeds £*,*.
- Update the company's register of members.
- Issue a new share certificate to the transferee.
Is there any specific step you need more details about?
what are the legal authorities for these legal formalities
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The legal authorities for transferring shares in a private company in England include:
- Companies Act *: Governs the general legal framework for company operations, including share transfers.
- Stamp Duty Reserve Tax (SDRT): Required for share transfers exceeding £*,*.
- Articles of Association: Specific to each company, detailing rules for share transfers.
Do you need more information on a particular aspect of these authorities?
The legal authorities for transferring shares in a private company in England include:
- Companies Act *: Governs the general legal framework for company operations, including share transfers.
- Stamp Duty Reserve Tax (SDRT): Required for share transfers exceeding £*,*.
- Articles of Association: Specific to each company, detailing rules for share transfers.
Do you need more information on a particular aspect of these authorities?
what is the stock transfer act
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The Stock Transfer Act * in England simplifies the process of transferring shares in companies. Key points include:
- Stock transfer form: Simplified form to transfer shares.
- Execution: Form must be signed by the transferor.
- Stamp duty: Payable if the share transfer exceeds £*,*.
Is there a specific aspect you need more details on?
The Stock Transfer Act * in England simplifies the process of transferring shares in companies. Key points include:
- Stock transfer form: Simplified form to transfer shares.
- Execution: Form must be signed by the transferor.
- Stamp duty: Payable if the share transfer exceeds £*,*.
Is there a specific aspect you need more details on?
does the stock transfer form have to be sent to the company to sign
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Yes, the stock transfer form must be sent to the company for its records. The company will register the transfer in its register of members and issue a new share certificate to the transferee.
Is there any other detail you need help with regarding this process?
Yes, the stock transfer form must be sent to the company for its records. The company will register the transfer in its register of members and issue a new share certificate to the transferee.
Is there any other detail you need help with regarding this process?
what case sets out the every effort rule
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The "every effort" rule is set out in the case Mascall v Mascall (*). This case established that once a donor has done everything within their power to transfer a gift (e.g., handing over necessary documents for land transfer), the gift is considered effective even if formal registration has not been completed.
Is there a specific detail about this rule you need more information on?
The "every effort" rule is set out in the case Mascall v Mascall (*). This case established that once a donor has done everything within their power to transfer a gift (e.g., handing over necessary documents for land transfer), the gift is considered effective even if formal registration has not been completed.
Is there a specific detail about this rule you need more information on?
what is a transferee
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A transferee is the recipient of property or rights being transferred from another party, known as the transferor. This can apply to various contexts, such as the transfer of land, shares, or other assets.
Is there a specific type of transfer you are asking about?
A transferee is the recipient of property or rights being transferred from another party, known as the transferor. This can apply to various contexts, such as the transfer of land, shares, or other assets.
Is there a specific type of transfer you are asking about?
what are the three requirements of formal transfer of deed
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The three requirements for the formal transfer of a deed in England are:
- Execution: The deed must be signed by the transferor and witnessed.
- Delivery: The deed must be handed over to the transferee or their legal representative.
- Registration: The transfer must be registered with HM Land Registry.
Is there something specific you need more detail about in this process?
The three requirements for the formal transfer of a deed in England are:
- Execution: The deed must be signed by the transferor and witnessed.
- Delivery: The deed must be handed over to the transferee or their legal representative.
- Registration: The transfer must be registered with HM Land Registry.
Is there something specific you need more detail about in this process?
of a chattel specifically
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For the transfer of a chattel, the formalities are generally simpler compared to land or shares. The key requirements are:
- Intention: The donor must clearly intend to give the chattel.
- Delivery: The chattel must be physically handed over or delivered to the donee.
- Acceptance: The donee must accept the chattel.
Is there a specific issue or detail about the transfer of the chattel you're concerned about?
For the transfer of a chattel, the formalities are generally simpler compared to land or shares. The key requirements are:
- Intention: The donor must clearly intend to give the chattel.
- Delivery: The chattel must be physically handed over or delivered to the donee.
- Acceptance: The donee must accept the chattel.
Is there a specific issue or detail about the transfer of the chattel you're concerned about?
what is symbolic delivery
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Symbolic delivery is a method of transferring property where the physical delivery of the item is impractical or impossible. Instead, a symbol representing the item is delivered. For example, handing over the keys to a house or a car can symbolize the transfer of ownership of the house or car.
Is there a specific context in which you are curious about symbolic delivery?
Symbolic delivery is a method of transferring property where the physical delivery of the item is impractical or impossible. Instead, a symbol representing the item is delivered. For example, handing over the keys to a house or a car can symbolize the transfer of ownership of the house or car.
Is there a specific context in which you are curious about symbolic delivery?
what is a lifetime gift also called
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A lifetime gift is also called an "inter vivos gift."
Is there anything specific you need to know about inter vivos gifts?
A lifetime gift is also called an "inter vivos gift."
Is there anything specific you need to know about inter vivos gifts?
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