The Requirement for formalities detracts from the autonomy of the land owner in dealing with his or her property. Discuss
by
adeaduke (student)
The Requirement for formalities detracts from the autonomy of the land owner in dealing with his or her property. Discuss
The need to ensure certainty in dealings with land expressed through formality requirements is often in conflict with the desire to leave individuals to their bargains especially if to do otherwise would generate harsh results. To some extent it can be argued that formality requirements detract the autonomy of land owners in dealing with their property. However, it may be well thought that this detraction is justifiable as insistence on certainty in land transactions brings its own fairness, at least for the society as a whole where the free alienability of land is so critical to the domestic economy.