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KembaraXtra – Legal Terms – Memorandum in Writing
A memorandum in writing formerly referred to written evidence showing the existence and terms of a contract relating to land.
Under earlier provisions of the Law of Property Act 1925, contracts involving the sale or transfer of land could not normally be enforced unless there was written evidence identifying essential terms such as the parties, property, and price.
The written memorandum did not necessarily need to be the contract itself. A later written note signed by the party to be charged could also satisfy the legal requirement.
However, the Law of Property (Miscellaneous Provisions) Act 1989 changed the law by requiring contracts concerning land to be contained in a single written document incorporating all expressly agreed terms and signed by both parties.
A memorandum in writing formerly referred to written evidence showing the existence and terms of a contract relating to land.
Under earlier provisions of the Law of Property Act 1925, contracts involving the sale or transfer of land could not normally be enforced unless there was written evidence identifying essential terms such as the parties, property, and price.
The written memorandum did not necessarily need to be the contract itself. A later written note signed by the party to be charged could also satisfy the legal requirement.
However, the Law of Property (Miscellaneous Provisions) Act 1989 changed the law by requiring contracts concerning land to be contained in a single written document incorporating all expressly agreed terms and signed by both parties.
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