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Justin Santiago, BAppSc (Hons), MBA, LLB (Hons) comes from a journalism, market research, intellectual property and strategic communications consulting background. Now based in Melbourne he spends his time advising businesses on how to communicate to their customers as well as writing on various subjects of interest in this blog.

Tuesday, March 24, 2009

Selling Land - Equitable Title and Legal Title

Selling Land - Justin Santiago

Selling land requires two stages – a contract which transfers the equitable title followed by the transfer of legal title (conveyance).

Law of Property (Miscellaneous Provisions) Act 1989 S2 states that a contract for the sale or other disposition of an interest in land only transfers the equitable title and must fulfill 3 requirements “-

- it must be in writing
- it must incorporate all the terms in one document
- must be signed by or on behalf of each party to the contract

The next requirement is that the conveyances of a legal estate by way of sale must be by deed LPA S52(1) which transfers the legal title. Under the Law of Property (Miscellaneous Provisions) Act 1989 S1 - a deed is defined as a document which :-

- makes it clear on its face that it is a deed requires that the word ‘Deed’ appear on the document
- is signed and witnessed
- is delivered

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