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In law, conveyancing is the transfer of legal title of real property from one person to another, or the granting of an encumbrance such as a mortgage or a lien. [1] A typical conveyancing transaction has two major phases: the exchange of contracts (when equitable interests are created) and completion (also called settlement, when legal title passes and equitable rights merge with the legal title).
In Australia, a conveyancer is also known as a professional who specialises in property law and is governed by the Conveyancers Licensing Act 2003. [citation needed] Lawyers and conveyancers have the same responsibilities and liabilities when dealing with property matters but, lawyers are permitted to commence legal proceedings against other ...
The Real Estate Settlement Procedures Act (RESPA) was a law passed by the United States Congress in 1974 and codified as Title 12, Chapter 27 of the United States Code, 12 U.S.C. §§ 2601–2617.
For example: When a person having legal title to property dies, heirs at law or beneficiaries per the last will, automatically receive an equitable interest in the property. When an executor or administrator qualifies, that person acquires the legal title, subject to divestment when the estate has been administered so as to allow for the lawful ...
The sale of land is governed by the laws and practices of the jurisdiction in which the land is located. Real estate called leasehold estate is actually a rental of real property such as an apartment, and leases (rental contracts) cover such rentals since they typically do not result in recordable deeds .
In legal conveyancing, the grant is the means by which a party conveys title or encumbrance. In trust law, the grant is the act by which the settlor creates the trust for the interests of the trustee. In an option contract, the right of the optionee to exercise the option is considered a grant on the part of the optionor.
Every American state has its own securities laws that aim to protect investors against fraud. These laws, called blue sky laws, also oversee the licensing and reporting requirements placed on ...
As one has stated, "The rule against perpetuities is an ancient, but still vital, rule of property law intended to enhance marketability of property interests by limiting remoteness of vesting." [ 6 ] For this reason, another court has declared that the provisions of the rule are predicated upon "public policy" and thus "constitute non-waivable ...