Topic 11. Sale of Land.
Last Modified: 2011-05-27
- PLA ss 51, 52, 73, 73A
- TLA s 40
- Lysaght v Edwards (1876)
- Bunny Industries Ltd v FSW Enterprises Pty Ltd 
- Tanwar Enterprises Pty Ltd v Cauchi 
- Haslam v Money For Living (2008)
- ANZ Banking Group v Widin (1990)
- Mason v Clarke 
- Walsh v Lonsdale (1882)
- Waltons Pty Ltd v Maher (1988)
- Instruments Act 1958 s 126
- 31 (cooling off rights)
- 32 (vendors’ statements)
- 34-36 (insurance- passing of risk)
- Ziel Nominees Pty Ltd v VACC Insurance Co Ltd (1975)
- Insurance Contracts Act 1984 (Cth) s 50),
- Sale of Land Act 1962 (Vic) Part 2 Division 4
- For title to pass effectively at faw, certain formalities are required.
- Where the statutory formalities are absent, equitable doctrine may determine that the purchaser has acquired an equitable interest in the property.
- All conveyances or dispositions of legal interest in land (other than by will) must be made by deed.
(1) All lands and all interests therein shall lie in grant and shall be incapable of being conveyed by livery or livery and seisin, or by feoffment, or by bargain and sale; and a conveyance of an interest in land may operate to pass the possession or right to possession thereof, without actual entry, but subject to all prior rights thereto.
(2) The use of the word "grant" is not necessary to convey land or to create any interest therein.
(1) All conveyances of land or of any interest therein are void for the purpose of conveying or creating a legal estate unless made by deed.
- The duly executed transfer is required to transfer the legal interest in land
- The registration of a transfer of land takes the place of a deed required by PLA s52.
- A specifically enforceable contract of sale confers an equitable interest on the purchaser of the land (Conversion)
- The equitable doctrine of conversion is based on the principle that equity deems as done that which ought to be done and therefore regards the contract as having been effectively implemented.
- However, equity will only take this view where the contract is enforceable and there is no bar to the award of equitable remedies to enforce the agreement.
- The P contracted to purchase land from the first D.
- Later the first D contracted to sell land to X, the second D, then executed a transfer of land to X, who, on registration of the transfer, acquired legal title to the land.
- P sought a declaration that the first D hald the proceeds of sale on trust for the P, and an order for payment of the proceeds.
- on execution of the contract the vendor becomes a trustee for the purchaser
- the purchaser may devise, alienate and change his equitable interest so that it is plainly nor a mere right in contract
- the extent of the equitable interest is measures by the amout of the purchse moneys paid.
- Where there is a clear and undisputed contract, the crt will not permit the vendor to transfer the legal estate to a third person.
- The incidents of trusteeship extend only if and so far as Equity would grant specific p
- If the first D = trustee for P, the nature of the relief is determined by way of specific performance available to P.
- First D wrongly repudiated the contract, P entitled to specific performance involving payment by the P to the first D the balance of the purchase monies,
- Execution of deed of conveyance (General law land)
- Registration of an instrument of transfer (Torrens System land)
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