Transfers

Guidance on mortgagee sale process.

Following the commencement of the Land Transfer Act 2017, the Land Transfer Act 1952 continues to apply to existing “no survivorship” joint tenancies.

What essential elements are needed to create a joint tenancy and what happens if an essential element is missing.

When land is owned by multiple owners, one owner may transfer their share in the property to one or more of the remaining owners. The resulting ownership is a tenancy in common as to the relevant shares.

When land is transferred to the Crown, it will ordinarily be held or administered for a particular statutory purpose.

A joint tenancy can be severed by registration in many ways. The following are some common scenarios.

Conveyancing practitioners regularly ask how to modify electronic transfer instruments to record that the transferee is acquiring title as an executor.

When preparing a conveyancing transaction, if the party taking title (as transferee, mortgagee or otherwise) is something other than a natural person it is essential to confirm that party is in fact a legal entity capable of being registered as a landowner under the Land Transfer Act 2017.