541:. Over time various areas of the country were designated areas of compulsory registration by order so in different parts of the country compulsory registration has been around longer than in others. The last order was made in 1990, so now virtually all transactions in land result in compulsory registration. One difference is land changing ownership after death, where land is gifted rather than sold; these became compulsorily registrable only in April 1998. Similarly it became compulsory to register land when a mortgage is created on it in 1998.
560:. Details of registrations are available to any person upon payment of the prescribed fees. Precautionary measures have been introduced in recent years to verify the identity of persons attempting to change records of title. No details will be on record for any land which has not had a relevant transaction recorded as will often occur if, for example, ownership was last transferred before the introduction of compulsory registration in a particular area.
207:. A contract for guarantee must also, at some stage, be evidenced in writing. As a matter of contract English law takes the approach that a gratuitous promise, as a matter of contract law, is not legally binding. While a gift that is delivered will transfer property irrevocably, and while someone may always bind themselves to a promise without anything in return to deliver a thing in future if they sign a
24:
188:
615:, the common law originally required that all contracts made by such a body had to be made under seal, whether they were deeds or not. This rule was gradually eroded away, for example being abolished in respect of companies by the Companies Acts in the first half of the twentieth century. For companies registered under the
494:
section 53(1)(b). This means, someone can first declare a trust of land without any writing or signature, so long as in the case of a dispute the declaration is evidenced in writing. Second, any "disposition" of an existing equitable interests also requires a signature under section 53(1)(c). Such a
627:
removed the requirement for a company to have a common seal at all, and made provision for those documents which had previously needed to be executed under seal, such as deeds, to instead be executed by officers of the company. However companies can still have and continue to use seals to execute
100:
The history of requirements of formality in
English law generally shows a gradual shift towards fewer and fewer instances of transaction needing form, as technology and recording of agreements has become more advanced. Originally a contract which was sealed ("made under seal", using a
91:
While contracts and trusts can be generally created without formality, some transactions are thought to require form either because it makes a person think carefully before they bind themselves to an agreement, or merely that it serves as clear evidence.
809:
113:" was taken as secure. Originally, only a wax seal was accepted as a seal by the courts, but by the 19th century many jurisdictions had relaxed the definition to include an impression in the paper on which the instrument was printed, an
76:. In a limited number of cases, agreements and trusts will be unenforceable unless they meet a certain form prescribed by statute. The main kinds of formality that a statute can require are to put the transaction in writing, to make a
489:
Trusts can generally be made without formality, however three main, large and practically relevant exceptions exist. First, a trust of land requires a signature on a written document evidencing a declaration, under the
884:
620:
727:
138:
By the 20th century a small circle of red adhesive paper affixed to the document in question was sufficient when an individual had to use a seal. This process was described in a report of the
628:
deeds if they wish, in which case the seal has to be engraved (i.e., a seal which leaves an impression on the page, not printed or a wafer facsimile) and to bear the name of the company.
203:
In contract law, formality is typically required for large engagements. This includes the sale of land, a lease of property over three years, a consumer credit agreement, and a
146:
as "a meaningless exercise". This was most common on a contract for the sale of land, although the courts also held that a circle containing the letters "L.S." was adequate.
816:
377:
568:
45:
990:
624:
619:
the relevant provision is now section 43 of the
Companies Act 2006. But until 1960 this remained in force for other corporations. It was abolished by the
750:
411:
158:
971:
533:. This voluntary national system proved ineffective and, following further attempts in 1875 and 1897, the present system was brought into force by the
435:
211:
that is witnessed, a simple promise to do something in future can be revoked. This is result is reached, with some complexity, through the
English
631:
Some other corporations (which are not companies registered under the
Companies Acts) are still required to have and use seals. For example, the
255:
849:
948:
423:
589:, an executive agency within the Department of Finance and Personnel for Northern Ireland. Prior to 1 Apr 2007 it was dealt with by the
169:
and replaced seals with the requirements that the document had to explicitly state that it was being executed as a deed, and had to be
921:
32:
1019:, Property Advisers to the Civil Estate Central Advice Unit Information Note 19/99, August 1999, Office of Government Commerce. Also
1012:
484:
300:
623:. Normal contracts (i.e. not deeds) can now be made by a corporation in the same way as they can be made by an individual. The
710:
813:
572:
659:. Therefore, where a corporation sole has to execute a deed, it continues to have to do so by the use of an official seal.
248:
1025:
162:
139:
105:) was treated differently from other written contracts (which were "made under hand"). It was predominantly a mark of
457:
640:
987:
691:
241:
581:
agency is responsible for maintaining both the
Register of Sasines and the new register. Land registration in
1090:
131:
meaning "place of the seal"). If a seal was in place, common law courts regarded it as removing the need for
968:
575:
introduced a new system which now records all changes of ownership of land and creation of new titles. The
556:
to transfer and register property. The Land
Registry is connected to the European Land Information Service
157:
made by a private individual had to be sealed to be validly executed was finally abolished in 1989 by the
1095:
199:, is a written order by one person to another (typically a bank) to pay a sum of money to a third person.
823:, holding that while this requirement may be undesirable, it could not be circumvented through estoppel.
226:
the contract, which a court can construe from all the circumstances, but will be strong evidence of it.
791:
545:
534:
530:
219:
222:
section 1 to receive written particulars stating the contract from the employer. This may not in fact
218:
A contract of employment requires no form to be effective, however an employee has a right under the
212:
779:
636:
499:
section 9 requires that the testator signs a written document and this is witnessed by two people.
491:
469:
446:
366:
846:
945:
549:
37:
548:
leaves the 1925 system substantially in place but enables the future compulsory introduction of
804:
648:
577:
389:
918:
553:
182:
69:
1007:
866:
8:
668:
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to support the contract. It raised, at least, a rebuttable presumption of consideration.
525:) since 1709. but the first national system of land registration was first attempted in
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914:
902:
870:
480:
341:
290:
271:
73:
319:
898:
656:
526:
512:
329:
114:
643:. Also, the changes relating to deeds which were introduced in 1989 do not apply to
305:
1075:
770:
Law of
Property Act 1925 ss 52 and 54(2) require that such leases are made by deed.
707:
644:
582:
538:
508:
204:
192:
81:
1029:
1016:
994:
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106:
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as in force today (including any amendments) within the United
Kingdom, from
869:
as in force today (including any amendments) within the United
Kingdom, from
632:
616:
563:
Land registration commenced in
Scotland with the creation of the Register of
355:
286:
132:
102:
1056:
P Critchley, 'Taking Formalities Seriously' in S Bright and J Dewar (eds),
233:
123:
made with a pen, or the printed words "Seal" or "L.S." (standing for the
1022:
The Execution of Deeds and Documents by or on behalf of Bodies Corporate
1051:
688:
154:
150:
119:
518:
275:
956:
941:
929:
810:
Actionstrength Ltd v International Glass Engineering In.Gl.EN.SpA
652:
608:
564:
495:
declaration actually requires form at the time. Third, under the
315:
170:
639:
requires the college to have a common seal, as does that of the
23:
1032:, Law Commission Report No 253 (1998), paragraphs 4.23 to 4.28.
196:
557:
124:
208:
110:
77:
917:, section 36A, as inserted by the Companies Act 1989, see
761:
Law of Property (Miscellaneous Provisions) Act 1989 s 2(1)
187:
843:
A Short History of Land Registration in England and Wales
832:
Law of Property (Miscellaneous Provisions) Act 1989 s 1
80:, or to register it at a government registrar (such as
1072:
Transfer of Land: Formalities for Deeds and Escrows
751:
Law of Property (Miscellaneous Provisions) Act 1989
159:
Law of Property (Miscellaneous Provisions) Act 1989
144:
Transfer of Land: Formalities for Deeds and Escrows
161:. The Act implemented recommendations made by the
1082:
885:Wright & Son Ltd v Romford Borough Council
687:See L Fuller, āConsideration and Formā (1941)
249:
68:are required in some kinds of transaction by
263:
1050:L Fuller, āConsideration and Formā (1941)
946:text of the 1985 Act as originally enacted
928:. This provision has now been replaced by
256:
242:
485:Creation of express trusts in English law
186:
117:paper wafer affixed to an instrument, a
48:of all important aspects of the article.
301:T Choithram International SA v Pagarani
1083:
969:Royal College of Nursing Royal Charter
517:A register operated for the county of
44:Please consider expanding the lead to
728:First National Securities Ltd v Jones
573:Land Registration (Scotland) Act 1979
237:
621:Corporate Bodies' Contracts Act 1960
17:
163:Law Commission of England and Wales
13:
1058:Land Law - Themes and Perspectives
1009:Contracts - Under Hand or by Deed?
14:
1107:
22:
1000:
981:
962:
935:
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591:Land Registers Northern Ireland
36:may be too short to adequately
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743:
734:
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681:
46:provide an accessible overview
1:
1039:
458:Re Vandervellās Trusts (No 2)
596:
176:
111:signed, sealed and delivered
7:
662:
153:rule which required that a
10:
1112:
1052:41 Columbia Law Review 799
792:Bills of Exchange Act 1882
689:41 Columbia Law Review 799
600:
587:Land and Property Services
546:Land Registration Act 2002
535:Land Registration Act 1925
531:Land Registration Act 1862
506:
478:
220:Employment Rights Act 1996
180:
95:
66:Formalities in English law
841:P Mayer and A Pemberton,
713:23 September 2015 at the
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213:doctrine of consideration
1028:24 December 2010 at the
852:18 November 2007 at the
780:Consumer Credit Act 1974
674:
637:Royal College of Nursing
537:. It is operated by the
492:Law of Property Act 1925
470:Formality in English law
447:Law of Property Act 1925
378:Rochefoucauld v Boustead
367:Law of Property Act 1925
951:8 December 2009 at the
924:8 February 2010 at the
550:electronic conveyancing
502:
264:Trust formality sources
109:. A document that was "
1015:3 October 2009 at the
993:8 January 2013 at the
805:Statute of Frauds 1677
415:(1855) 2 K & J 313
333:(1984) 50 P&CR 119
306:[2000] UKPC 46
200:
819:10 March 2012 at the
578:Registers of Scotland
569:Registration Act 1617
554:electronic signatures
390:Bannister v Bannister
190:
165:in their 1987 report
1091:English contract law
899:Text of the 1960 Act
867:Text of the 2006 Act
694:17 June 2019 at the
649:Government Ministers
183:English contract law
70:English contract law
1076:Working Paper No 93
708:Working Paper No 93
593:government agency.
359:(1874) LR 18 Eq 315
1096:English trusts law
974:6 May 2010 at the
919:Companies Act 1989
915:Companies Act 1985
903:legislation.gov.uk
871:legislation.gov.uk
845:(HM Land Registry
635:incorporating the
625:Companies Act 1989
481:English trusts law
369:s 53(1)(b) and (2)
342:Pennington v Waine
272:Companies Act 2006
201:
997:, paragraph 47(2)
988:BBC Royal Charter
657:Church of England
645:corporations sole
527:England and Wales
513:Land registration
476:
475:
412:Wallgrave v Tebbs
330:Mascall v Mascall
195:, for instance a
167:Deeds and Escrows
63:
62:
1103:
1070:Law Commission,
1060:(OUP 1998) ch 20
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613:corporate bodies
583:Northern Ireland
539:HM Land Registry
509:English land law
436:Ottaway v Norman
258:
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205:bill of exchange
193:bill of exchange
82:HM Land Registry
58:
55:
49:
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607:With regard to
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31:This article's
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40:the key points
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346:EWCA Civ 227
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33:lead section
15:
944:s 350 (see
291:EWHC Ch J78
1085:Categories
1040:References
717:, para 4.2
611:and other
529:under the
449:s 53(1)(c)
424:Re Snowden
320:EWCA Civ 4
274:s 113 and
151:common law
74:trusts law
54:April 2017
609:companies
597:Companies
519:Middlesex
177:Contracts
171:witnessed
38:summarize
1045:Articles
1026:Archived
1013:Archived
991:Archived
972:Archived
949:Archived
932:ss 44-45
922:Archived
888:1 QB 431
850:Archived
817:Archived
807:s 4 and
711:Archived
692:Archived
663:See also
647:such as
439:2 WLR 50
427:1 Ch 700
381:1 Ch 196
276:LRA 2002
115:embossed
103:wax seal
1074:(1985)
1065:Reports
957:CA 2006
942:CA 1985
930:CA 2006
814:UKHL 17
706:(1985)
655:of the
653:bishops
567:by the
565:Sasines
316:Re Rose
96:History
955:, now
794:s 3(1)
731:Ch 109
571:. The
552:using
461:Ch 269
230:Trusts
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120:scroll
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675:Notes
558:EULIS
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