Chapter 5 Further reading
P Dollar ‘Laying foundations’ Estates Gazette 2009 0940 122 - 124
Examines the effect of s2 LP(MP)A 1989 with summaries of case law application of the section.
M P Thompson ‘Contracts by correspondence’ Conv. 1995 Jul/Aug 319 -324
Looks at the possibility for a valid land contract to arise out of exchange of correspondence. Considers that the dissenting view of Morritt LJ in Hooper v Sherman [1994], that no valid contract had arisen, is to be the preferred approach and gives reasons. Identifies how the Court of Appeal, in the later case of Commission for the New Towns v Cooper (GB) Ltd [1995], felt able not to follow the earlier Court of Appeal decision in Hooper.
M Dixon ‘Invalid contracts, estoppel and constructive trusts’ [2005] Conv, 247
Examines the relationship between invalid contracts for the disposition of an interest in land and the law of estoppel. It considers whether, and why, estoppels need not comply with rules of formality. Analysis of Yaxley v Gotts [2000] is provided.
P F Smith ‘The purity of commonholds’ Conv. 2004 May/June 194 - 207
Looks at the relationship between leases and the commonhold system and, in particular, the desire of government to maintain the two systems of land holding as being distinct from one another. The impact of this is analysed particularly in respect of the rules governing conversion of long leaseholds into commonholds. Can these stringent requirements be justified and what effect will they have on the development of the commonhold form of tenure?
D N Clarke ‘The enactment of commonhold – problems, principles and perspectives’ Conv. 2002 Jul/Aug 349 - 386
Provides a critique of the Commonhold and Leasehold Reform Act 2002. The author argues that a more robust approach could have been adopted by Parliament in the implementation of commonhold as a form of tenure, which subsequently would have made this system of holding land more useful. It is contended that the desire of Government to maintain the ‘purity’ of commonhold has led to commonhold having a smaller impact than some consider would have been desirable.