Contracts for the Sale of Land: Understanding the Impecuniosity Defence

Where either the seller or buyer of landed property fails to complete a contract to sell land the non-breaching party has a right to seek specific performance of the contract. This remedy would compel the party in default to perform the contract on pain of being held in contempt of court if the court's order is not obeyed. The defaulting party would not be able to satisfy its obligations under the law by paying a sum of money as damages for breach of contract. This paper considers the impecuniosity defence to specific performance as recognised by courts in Northern Ireland, the Republic of Ireland, Australia and New Zealand. Where the buyer demonstrates that he or she simply cannot raise the funds to buy the property specific performance will not be decreed and the court will make an award of damages for breach of contract measured by the difference between the contract price and the market price of the property at the time of default. The paper considers the nature and parameters of this defence and how it differs (if at all) from the alternative defence of extreme hardship. The paper addresses the question of whether it might be better to move to a position where sellers of land in all cases no longer enjoy a presumption of specific performance but have to demonstrate that the alternative remedy of damages is clearly inadequate. If this should be so the paper goes on to consider whether abolition of the presumption in favour of specific performance for sellers should lead to abolition of the presumption of specific performance for buyers, as is the position in Canada following the Supreme Court's decision in Semelhago v Paramadevan [1996] 2 SCR 415.

Assessing the combined effect of land management and wildfire on runoff and soil erosion in north central Portugal

Strong and sometimes extreme responses in runoff and soil erosion following wildfires have been reported worldwide. However, in the case of North-Central Portugal, little research had been carried out regarding the hydrologic and erosive impacts of several land management activities in recently burnt areas (such as ground preparation, post-fire logging or post-fire mitigation treatments). This study aims to assess post-fire runoff and soil erosion response on Eucalypt and Maritime pine plantations during the first, second and third years following wildfires. The effect of several pre-fire ground preparation operations (ploughed down-slope, contour ploughed and inclined terraces), post-fire logging activities (on both the eucalypt and pine plantations), as well as the application of hydromulch (a post-fire emergency treatment) on overland flow and soil erosion were compared to burnt but undisturbed and untreated areas. The intensive monitoring of runoff, soil erosion and selected soil properties served to determine the main factors involved in post-fire runoff and soil erosion and their spatial and temporal variation. Soil water repellency deserved special attention, due to its supposed important role for overland flow generation. Repeated rainfall simulation experiments (RSE’s), micro-scale runoff plots and bounded sediment fences were carried out and/or installed immediately after the wildfire on seven burnt slopes. Micro-scale runoff plots results under natural rainfall conditions were also compared to the RSE’s results, which was useful for assessing the representativeness of the data obtained with artificial rainfall. The results showed comparable runoff coefficient (20-60%) but lower sediment losses (125-1000 g m-2) than prior studies in Portugal, but especially outside Portugal. Lower sediment losses were related with the historic intensive land use in the area. In evaluating these losses, however, the shallowness and stoniness of the soils, as well as the high organic matter fraction of the eroded sediments (50%) must not be overlooked. Sediment limited erosion was measured in all the ploughed sites, probably due to the time since ploughing (several years). The disturbance of the soil surface cover due to post-fire logging and wood extraction substantially increased sediment losses at both the pine and eucalypt sites. Hydromulch effectiveness in reducing the runoff (70%) and sediment losses (83%) was attributed to the protective high coverage provided by hydromulch. The hydromulch significantly affected the soil cover and other soil properties and these changes also reduced the soil erosion risk. The rainfall amount was the main factor explaining the variance in runoff. However, a shift from rainfall amount to rainfall intensity was detected when either the surface cover or the infiltration capacity (hydrophilic conditions) increased. Sediment losses were controlled by rainfall intensity and surface cover. The role of soil water repellency on runoff generation was not consistent; the overall repellency levels alone were not enough to assess its hydrological impact. Soil water repellency explained runoff generation in the specific-sites model better than in the overall model. Additionally, soil moisture content was a better predictor for soil water repellency than antecedent rainfall. The natural rainfall results confirmed that RSE’s were able to capture the specific sediment losses and its organic matter content as well as the differences between the ploughed and unploughed sites. Repeated RSE’s also captured the seasonal variations in runoff and sediment losses attributed to soil water repellency. These results have implications for post-fire soil erosion modelling and soil conservation practices in the region, or areas with the same land use, climate and soil characteristics. The measured sediment loss, as well as the increasing frequency of ploughing in recently burnt and unburnt eucalypt stands, suggests ploughing is not an effective as a soil conservation measure. Logging activities with less impact are recommended in order to maintain the forest litter protecting the soil surface. Due to its high effectiveness in reducing runoff and soil erosion, hydromulch is recommended for highly sensitive and vulnerable areas.

Indenture of Land Sold by Jacob Cochanour to Adam Hutt

Indenture regarding land sold by Jacob Cochanour of Flamborough West to Adam Hutt of Stamford Township. This land included 100 acres in Lot. no. 11, Stamford - instrument no. 5057, July 9, 1816.

Indenture of Land Sold by David Secord to George Shaw, Richard Woodruff, Timothy Street, Josiah Brown, Henry Pope

Indenture regarding land sold by David Secord of St. Davids to George Shaw, Richard Woodruff, Timothy Street and Josiah Brown, all of Niagara Township and Reverend Henry Pope of York. The land includes part of Lot no. 90 in the Township of Niagara. September 5, 1820.

Indenture of Land Sold by Solomon Quick to Henry Woodruff

Indenture regarding land sold by Solomon Quick of Niagara Township to Henry Woodruff from London District consisting of 1/4 acre and 4 perches in the Village of St. Davids. This was registered on February 2, 1826 - instrument no. 6761, February 3, 1821.

Indenture of Land Sold by Benjamin Middough to William Woodruff

Indenture stating that Benjamin Middough of Stamford sold a tract of land in the County of Oxford, district of London to William Woodruff of Niagara. The land consisted of 200 acres on lot 34 of the 2nd Concession. This transaction was registered on August 4, 1834 - instrument no. 2413. The date of sale was January 17, 1823.

Indenture of Land Sold by John Robertson to John Jackson

Indenture regarding land sold by John Robertson of Niagara to John Jackson of Niagara. This transaction is for part of Lot no. 93 in Niagara Township. This document was registered in the Lincoln and Haldimand Registry on September 10, 1823 in Book J folio 322 - instrument no. 6357. Date of transaction was May 5, 1823.

Indenture Lease of Land by David Secord to Richard and William Woodruff

Indenture stating that David Secord of the Township of Niagara leased the dam of the sawmill pond in St. Davids to Richard and William Woodruff for 25 shillings per year for their mill business, May 2, 1824.

Indenture of Land Sold by George Shaw to Richard and William Woodruff

Indenture stating that George Shaw of Niagara sold 1 acre, 2 roods and 1 perch in the Village of St. Davids to Richard and William Woodruff. The price was 66 pounds - instrument no. 6926, June 9, 1824.

Sale of Land for Taxes to W.H. Dickson

Notice of sale of land for taxes to W. H. Dickson. This is a handwritten document. The land consists of 4 acres of Lot no. 12 in the 5th Concession of Wainfleet. This is dated May 23, 1857 [signatures are illegible]. On the back there is a note that Walter Hamilton Dickson has transferred this land to Joseph Augustus Woodruff, Dec. 3, 1861.

Indenture of Agreement for Sale of Land between Samuel Woodruff to Calvin and Ezekiel Cudney

Indenture of Agreement for Sale of Land between Samuel Woodruff of St. Catharines to Calvin and Ezekiel Cudney of the Township of Niagara regarding a footpath and parts of the lots 9 and 10 on the Welland River (78 acres), Oct. 30, 1883.

Indenture of Agreement for Sale of Land between Samuel Woodruff to Calvin and Ezekiel Cudney

Indenture of Agreement for Sale of Land between Samuel Woodruff of St. Catharines to Calvin and Ezekiel Cudney of the Township of Niagara. This is a copy of the previous document but there is an additional note on this document about an “agreement for cutting timber”. This is signed by S.D. Woodruff, Jan. 1885.