VU20960 Study Guide - Final Guide: Loke Yew, Church Commissioners, Fide
Document Summary
Signed, sealed, delivered and attested by witness not party s 38(1) If not in writing, only interests received are at will s 23d(1) However, exception to requirement of deed is equitable interest s 23c(1)(a) Only deals with purported immediate transfer of land. If contract and no transfer ! specific performance. If oral ! part performance or statute not instrument of fraud. On making contract, buyer acquires an equitable interest in land being sold; land is held on constructive trust walsh v lonsdale. If the signature of the grantor/transferor has been forged the instrument is void passes no rights in law or equity. If instrument signed by the grantor/transferor, but execution induced by fraud ! instrument can be effective to pass a legal interest, but equity allows grantor/transferor to have the instrument set aside. Old system lease these leases are legal! Does not need to be by deed s 23b(2)(d)
