Is this a contract?

[roythegrass]

In writing A tells B that he will give him a very small piece of land without any consideration in return. B expresses his appreciation and says that it has to be done legally –land registry etc – and he will instruct his solicitors to prepare the appropriate documents for A’s signature. B pays his solicitor for doing this and undertakes to pay any of A’s legal costs in the transaction. There is an exchange of several emails in which A reaffirms his intention and B relies on those assurances.
A is sent all the papers for his signature but after several months A does not sign the agreement or respond to B’s solicitors emails chasing their action.
Given A’s written undertaking is he legally obliged under contract law to honour his undertaking?
If not could B seek recovery from A of his wasted legal costs?

[des8]

It is not a contract as no consideration has (nor is intended) to pass between you.

IMO it is a gift which is still legally enforceable (altho the value of the gift might not make it worth pursuing!).
What has your solicitor said about it?

[GoodOldBoy]

DES8 is spot-on. If you had agreed to give him anything (of value) in exchange a contract would hane existed.

The most well known test case on what amounts to consideration was Chappell v Nestle (1959) where three sweet wrappers was considered of suffient value to form an enforceable contract.

[roythegrass]

It is not a contract as no consideration has (nor is intended) to pass between you.

IMO it is a gift which is still legally enforceable (altho the value of the gift might not make it worth pursuing!).
What has your solicitor said about it?

Thanks folks.
There was no consideration other than the offer to pay A's legal costs.
If a gift how is this legally enforceable if no contract exists?

[des8]

Been doing a bit of research as this involves real property.
A gift of land in England & Wales needs to be done by way of legal deed, which needs to make clear it is intended to be a deed; and is validly executed.

I doubt your exchange of emails count as a deed, so contrary to my earlier comment I don't think this is a gift you can enforce.
My apologies for inadvertently misleading you, but has your solicitor advised you on this aspect?

[roythegrass]

The solicitor is not sure and has suggested I discuss with one of their specialist partners - just one more cost I'm trying to avoid having already spent a considerable amount and achieved nothing.
Would my wasted costs be recoverable?

[des8]

I wonder if there is a different way to approach this

THe piece of land is so small the donor was prepared to just give it to you.
From that I suppose it was of little or no use to him but would assist you with something like access.

So why not just use it anyway?
The land won't be yours, but he will not be able to take action for trespass unless he first withdraws permission.
Having gifted you the land, even if not by deed , could be taken as having given you permission to use it.

[roythegrass]

I've been researching 'promissory estoppel' which would suggest that in certain circumstances a promise can be relied on. However like so many aspects of the law it's open to interpretation. Thoughts?

[roythegrass]

I've been researching 'promissory estoppel' which would suggest in certain circumstances a promise can be relied on albeit like so many aspects of the law is fact specific and open to interpretation.

[roythegrass]

I wonder if there is a different way to approach this

THe piece of land is so small the donor was prepared to just give it to you.
From that I suppose it was of little or no use to him but would assist you with something like access.

So why not just use it anyway?
The land won't be yours, but he will not be able to take action for trespass unless he first withdraws permission.
Having gifted you the land, even if not by deed , could be taken as having given you permission to use it.

I've been researching 'promissory estoppel' which would suggest in certain circumstances a promise can be relied on albeit like so many aspects of the law is fact specific and open to interpretation.

[roythegrass]

I wonder if there is a different way to approach this
THe piece of land is so small the donor was prepared to just give it to you.
From that I suppose it was of little or no use to him but would assist you with something like access.
So why not just use it anyway?
The land won't be yours, but he will not be able to take action for trespass unless he first withdraws permission.
Having gifted you the land, even if not by deed , could be taken as having given you permission to use it.

I've been researching 'promissory estoppel' which would suggest in certain circumstances a promise can be relied on albeit like so many aspects of the law is fact specific and open to interpretation.

[GoodOldBoy]

I've been researching 'promissory estoppel' which would suggest in certain circumstances a promise can be relied on albeit like so many aspects of the law is fact specific and open to interpretation.

Estoppel is a legal minefield. I think you would have difficulty putting together a good case.

[des8]

From what you have said I doubt it.
What is existing legal relationship?
Have you changed your position?
What detriment have you suffered

[islandgirl]

If you "go legal" (or try to) on A then any relationship is absolutely ruined forever. I personally do not think you have a claim for compensation and that A is entitled to change his/her mind at any point. As DES8 says, use it and enjoy it although I do not think there is any express permission to do so via the proposed gift it is clear that A was happy with that otherwise he/she would not have thought about gifting it to you.