The following Property guidance note provides comprehensive and up to date legal information covering:
A contract for the sale of land, or of any interest in land, is void unless it complies with Law of Property (Miscellaneous Provisions) Act 1989, s 2 (LP(MP)A 1989). It must:
be in writing
contain or incorporate all of the terms expressly agreed by the parties, and
be signed by or on behalf of the parties
LP(MP)A 1989, s 2 applies only to executory contracts for the future sale or other disposition of an interest in land and does not apply to a contract which itself effects such a disposition. The decision in Joyce regarding a demarcation agreement (see Boundary agreements below) did not alter this principle.
LP(MP)A 1989, s 2 applies to any contract for the sale or other disposition of an interest in land, and so can affect agreements where the land sale is incidental to the main purpose of the agreement.
In Abberley, the court held that although heads of terms agreed at a mediation did not record all the terms discussed by the parties, or all the terms likely to be included in a later formal agreement intended to be executed by the parties, they were still sufficient to create a legally binding contract which complied with LP(MP)A 1989, s 2.
In Marlbray, a joint contract for the purchase of land was held to be void
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