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
About Me
- Justin Santiago TEP
- Justin Santiago, BAppSc (Hons), MBA, LLB (Hons) comes from a journalism, market research, intellectual property and strategic communications consulting background. He has recently obtained his Trust and Estate Professional (TEP) title and is embarking on a mission to promote the concept of The Global Citizen.
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