Land Principles

Question 1

Formalities to create trusts of land (express + implied)

Answer 1

Express: declaration evidenced in signed writing

Implied: no formalities

Question 2

x3 formalities to create a land contract

(also for variation of material terms AND equitable interests (availability of specific performance; clean hands; no delay))

Answer 2

• Writing
• Contains all expressly agreed terms
• Signed by both parties

(Availability of specific performance)

Question 3

x3 formalities for a valid deed

Answer 3

• Intended (labelled)
• Validly executed (signed by grantor in presence of a witness who signs/ attests)
• Delivered (dated)

Question 4

x3 formalities to create an express legal easement

Answer 4

• Length of freehold or leasehold estate
• Deed
• Registered

Question 5

Creation of express equitable interests

Answer 5

1) Failed legal: Land Contract formalities

OR

2) Uncertain term: writing + signed by grantor

Question 6

x2 formalities to create freehold covenants

Answer 6

• Writing
• Signed by grantor

Question 7

Formalities for leases

Answer 7

>7yrs: deed + registration
7 years or less: deed
3 years or less: none provided 1) tenant takes lease immediately; 2) market rent; 3) no premium
Equitable: Land Contract + remedy of specific performance available

Question 8

Formalities to create a mortgage (legal + equitable)

Answer 8

1) Legal: deed + registration

2) Equitable

Failed legal: Land Contract

Pure equitable: writing + signed by grantor