PART PERFORMANCE

Equity can provide relief from the need for writing in the conveyance of land with the doctrine of part performance. There must be sufficient act or part performance of an oral contract concerning land by a plaintiff suing for specific performance of the contract. If there is sufficient oral evidence of all the terms of the contract then the contract can be enforced in equity.

A lease contract may be established between parties through the doctrine of part performance. For example, a lessee may be allowed by the landlord to remain in possession of the premises upon the expiration of a lease with an option to renew. The action of the landlord in allowing the tenant to remain in occupation together with accepting a new rent equivalent to that under the option agreement would most probably be sufficient evidence of the landlord offering, and the tenant accepting the option agreement.