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.