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formalities - Coggle Diagram

- - - - where litigation is required, there will be documentary evidence
        
        rights in land is likely to burden third parties; formality is likely to mean that advice and guidance is sought
- - - - the grantor/transferor needs to sign (alongside a witness)
        
        deeds normally prepared by a solicitor or conveyancer
        
        if conveyance also requires registration, the deed is sent to the Land Registry for registration of the transaction
- - - - THE DECISION:
        :check: the court ruled in favour of the landlord
        :!!: 'There is an agreement for a lease under which possession has been given. [...] There are not two estates as there were formerly, one estate at common law by reason of the payment of the rent from year to year, and an estate in equity under the agreement. There is only one court, and the equity rules prevail in it. The tenant holds under an agreement for a lease. He holds, therefore, under the same terms in equity as if a lease had been granted' (Jessel MR, p 14)