transfer of real property

general rules for transfer of property

deed

registration

3 ways of transferring title of land

outright gift

sale of freehold estate

disposition on death

steps for outright gift

deed

registration

steps for sale of a freehold estate

1. non-binding agreement - offer accepted

2. exchange of contract.- equitable interest created

3. transfer of the legal title

4. registration

disposition on death steps

bequest must be made in a valid will

what makes a will valid - s.9 Wills Act 1837

• in writing

• signed by a testator

• intention

• 2+ witness who sign

creation of leasehold estates in land - formalities

• must be by deed

  • must be registered

special rules for short leases

less than 3 years - no need for a deed - may be granted orally

less than 7 years - don’t need to be registered