ABSTRACT
At one stage, it was perceived that land was incapable of being the subject matter of a DMC. In Duffield v Elwes,28 Lord Eldon, in an obiter pronouncement, laid down this rule. However, in Sen v Headley, the Court of Appeal decided that delivery of the title deeds to unregistered land was capable of constituting a valid DMC. It would appear that the Duffield v Elwes principle is restricted to interests in registered land.
