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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).
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.
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 ...
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 ...
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 Law of Property Amendment Act 1859 (22 & 23 Vict. c. 35) The Conveyancing and Law of Property Act 1881 [1] (44 & 45 Vict. c. 41), also called the Conveyancing Act 1881; The Law of Property Act 1922 (12 & 13 Geo. 5. c. 16) The Law of Property (Amendment) Act 1924 (15 & 16 Geo. 5. c. 5) The Law of Property Act 1925 (15 & 16 Geo. 5. c. 20)
A licensed conveyancer is a specialist legal professional in the United Kingdom, New Zealand, Australia or South Africa who has been trained to deal with all aspects of property law. Typically, their tasks might include: Taking instructions from a client in relation to the sale or purchase of land or property
Quicquid plantatur solo, solo cedit (Latin, "whatever is affixed to the soil belongs to the soil") is a legal Latin principle related to fixtures which means that something that is or becomes affixed to the land becomes part of the land; therefore, title to the fixture is a part of the land and passes with title to the land.