Conveyancing

General The buyer’s solicitor prepares the purchase deeds.  The seller’s solicitor approves it.  There may be amendments and discussions.  In the vast majority of cases, no controversy will arise. The form and nature of the deed will derive from the contract. … Read the rest

Date The insertion of a date is not a strictly necessary part of the deed.  The date inserted may not necessarily be the date of delivery.  This arises where a deed is executed in escrow. Execution in escrow means that it is executed subject to a condition and it is not to be delivered, i.e.… Read the rest

Commercial Terms and Memorandum of Sale I The contents of the contract of sale are a matter for agreement between the parties.  The parties are largely free to determine the terms of the sale and reflect them in a document as they see fit. … Read the rest

Contract Law The basic rules of contract law apply to the formation, interpretation, fulfilment, and breach of contracts for the sale of land.  See generally the sections on contract law in relation to these issues.  A contract for the sale of land must be evidenced in writing signed by the person against whom it is to be enforced. … Read the rest