Section 2 (1) of the Alienation of Land Act 68 of 1981 provides for no land sales (e.g. B a farm) will not be of any force or effect, unless it is included in a declaration of alienation signed by the parties or their agents, which deals with their written power. As always, when buying or selling real estate take legal advice before signing something, and be sure to inform your lawyer of any oral agreement you have made. In this case, the oral provision should have been recorded in the written and signed sales contract, and then registered with the Agency against deeds of ownership, in order to ensure its enforceable force “against the world” (i.e. also the subsequent owners of the other property). Most oral contracts are legally binding. There are a few exceptions, however, depending on the design of the agreement and the purpose of the contract. In many cases, it is best to draft a written agreement to avoid litigation. The seller appealed to the Court of Appeal, which dismissed the appeal. The court considered a number of cases, including the decision of the House of Lords of Cobbe v Yeoman`s Row  UKHL 55. In this case, the parties did not expect them to acquire a stake until a legally enforceable contract had been entered into. In this case, there was a verbal agreement between the parties, which both parties intend to immediately engage your side.
This agreement was comprehensive and enforceable with regard to all the essential conditions, as a common intention had generated constructive confidence. The High Court found that the verbal agreement on the sale of the prairie by Estoppel owner and constructive trust was enforceable despite the absence of a written contract. The “contract-compliant” label on the correspondence is not essential because it “followed the agreement that the parties had already entered into and which they considered to be directly binding.” The High Court at trial found that the seller was operating on the basis that “a deal is a deal”. Its honorary judge McCahill QC said: “… His word was his band. That was his reputation. That was how he did country business. The court found that the purchasers trusted him to keep his word and were “ready to be bound in the same way… This requires a written purchase agreement for the sale of the property.