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Law Extension Committee Winter 2007 Conveyancing Introduction and Formation of Contract _____________________________________________________________________________
CONVEYANCING LECTURE 14 MAY 2007 Note: Students should read the Chapters in Lang & Skapinker and the cases referred to in the Guide. These notes are NOT a substitute for reading the text and considering the cases. _________________________________________ Introduction Conveyancing “Conveyance” is defined by the The Australian Oxford Dictionary to mean “the transfer of property from one owner to another”. Conveyancing has the corresponding meaning so when we talk about the law of conveyancing we are talking about the laws relating to the transfer of property. This is likely to be a simplification, as it is generally accepted that conveyancing relates to many matters dealing with property and not just strictly speaking the transfer process. As you will remember from Real Property there are some rules that are different for land under Old System Title and land under the provisions of the Real Property Act (or Torrens title). While the law relating to the creation of contracts for the sale of land do not differ depending on title, the practical steps to ‘convey’ title and the investigation of that title differ significantly. Title and quality The task of the conveyancer (whether solicitor or licensed conveyancer) is to ensure that title to land is ‘conveyed’ (whether by conveyance for old
_____________________________________________________________________________ © James Helman 2007 Page 1 of 28
Law Extension Committee Winter 2007 Conveyancing Introduction and Formation of Contract _____________________________________________________________________________
system land or transfer for Torrens land) from the vendor to the purchaser. It is not the task of the conveyancer to ensure that the quality of the property being purchased is up to the standard expected by the purchaser. We will deal with
CONVEYANCING LECTURE 14 MAY 2007 Note: Students should read the Chapters in Lang & Skapinker and the cases referred to in the Guide. These notes are NOT a substitute for reading the text and considering the cases. _________________________________________ Introduction Conveyancing “Conveyance” is defined by the The Australian Oxford Dictionary to mean “the transfer of property from one owner to another”. Conveyancing has the corresponding meaning so when we talk about the law of conveyancing we are talking about the laws relating to the transfer of property. This is likely to be a simplification, as it is generally accepted that conveyancing relates to many matters dealing with property and not just strictly speaking the transfer process. As you will remember from Real Property there are some rules that are different for land under Old System Title and land under the provisions of the Real Property Act (or Torrens title). While the law relating to the creation of contracts for the sale of land do not differ depending on title, the practical steps to ‘convey’ title and the investigation of that title differ significantly. Title and quality The task of the conveyancer (whether solicitor or licensed conveyancer) is to ensure that title to land is ‘conveyed’ (whether by conveyance for old
_____________________________________________________________________________ © James Helman 2007 Page 1 of 28
Law Extension Committee Winter 2007 Conveyancing Introduction and Formation of Contract _____________________________________________________________________________
system land or transfer for Torrens land) from the vendor to the purchaser. It is not the task of the conveyancer to ensure that the quality of the property being purchased is up to the standard expected by the purchaser. We will deal with