To be valid, the transfer must be executed under which statute?

Study for the CILEx Conveyancing Level 3 Exam. Prepare with targeted quizzes and interactive questions; each offers detailed explanations. Excel on your exam!

Multiple Choice

To be valid, the transfer must be executed under which statute?

Explanation:
Transfers of legal title to land must be created by a deed. This requirement is set out in Section 52 of the Law of Property Act 1925, which makes a conveyance of land by deed the only valid form for passing title. A contract to transfer or a mere written agreement does not pass the legal title; the deed is the formal instrument that effectually transfers ownership. The Land Registration Act relates to recording the transfer in the Land Registry, not its validity, and the broader provisions in the Law of Property Act 1989 or the Conveyancing Act 1980 do not override the deed requirement. So, the transfer must be executed under Section 52 of the Law of Property Act 1925.

Transfers of legal title to land must be created by a deed. This requirement is set out in Section 52 of the Law of Property Act 1925, which makes a conveyance of land by deed the only valid form for passing title. A contract to transfer or a mere written agreement does not pass the legal title; the deed is the formal instrument that effectually transfers ownership. The Land Registration Act relates to recording the transfer in the Land Registry, not its validity, and the broader provisions in the Law of Property Act 1989 or the Conveyancing Act 1980 do not override the deed requirement. So, the transfer must be executed under Section 52 of the Law of Property Act 1925.

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