3
Certain Lostruments relating to land etc. required to be in
writing.
1922 c. 20.
. 53.
Creation of
interest in tand by parol.
1925 c. 20, 1. $4.
Savings in regard to sections
(2) This section applies to contracts whether made before or after the 1st November 1971 and does not affect the law relating to pari performance. or sales by the court.
11. (1) Subject to section 12-
(a) no interest in land can be created or dis- posed of except by writing signed by the person creating or conveying the same, or by his agent thereunto lawfully authorized in writing or by will, or by operation of law;
(b) a declaration of trust respecting land or any interest therein shall be manifested and proved by some writing signed by some person who is able to declare such trust or by his will:
(c) a disposition of an equitable interest or trust subsisting at the time of the disposition, shatt be in writing signed by the person disposing of the same, or by his agent thereunto law- fully authorized in writing or by will.
(2) This section does not affect the creation or operation of resulting, implied or constructive trusts.
12. (1) All interests in land created by parol and not put in writing and signed by the persons creating the same, or by their agents thereunto law- fully authorized in writing, have, notwithstanding any consideration having been given for the same, the force and effect of interests at will only.
(2) Nothing in section 10 or 11 or in subsection (1) of this section shall affect the creation by paral of leases taking effect in possession for a term not exceeding three years (whether or not the lessee is given power to extend the term) at the best rent which can be reasonably obtained without a fine.
13. Nothing in section 11 or 12 shall
(a)
invalidate dispositions by will; or
11 and 12.
(b)
affect any interest validly created before the 1st November 1971; or
1925 c. 20.
*. 55.
(c) affect the right to acquire an interest in land
by virtue of taking possession; or
(d) affect the operation of the law relating to
part performance.
No action against executors upon a special promise, or upon any agreement, unless agreement in writing. 1677 2. 3,
Action not maintainable on reptesen- Lations of character etc. unless in writing. 18. 14, L. 4.
Considera- tion for guarantee need col appear by writing. tass c. 97. G. 1.
14. No action shall be brought whereby to charge--
(@) any executor or administrator upon any special promise to answer damages out of his own estate; or
(b) any defendant upon any special promise to answer for the debt, default or miscarriage of another person; or
(c) any person upon any agreement made upon
consideration of marriage; or
(d) any person upon any agreement that is not to be performed within the space of one year from the making thereof,
unless the agreement upon which such action is brought, or some memorandum or note thereof, is in writing, and signed by the party to be charged or some other person thereunto by him lawfully authorized.
15. No action shall be brought whereby to charge any person upon or by reason of any repre- sentation or assurance made or given concerning or relating to the character, conduct, credit, ability, trade or dealings of any person, to the intent or purpose that such other person may obtain credit, money or goods thereupon, unless such representation or assur- ance is made in writing, signed by the party to be charged therewith.
16. No special promise made by any person to answer for the debi, default or miscarriage of another person, being in writing, and signed by the party charged therewith or some other person by him there- unto lawfully authorized, shall be deemed invalid to support an action, suit or other proceeding to charge the person by whom such promise has been made. by reason only that the consideration for such promise does not appear in writing or by necessary inference from a written document.