Signing a Contract in Trust Where Principal Did Not Exist-Interesting Court of Appeal Decision

The Court of Appeal handed down an interesting decision in this case involving the sale of land. The facts were that Mr Gibbons was selling real property and Mr Doherty signed the contract for sale in trust and on behalf of a limited company. Mr Gibbons then nominated the beneficiary of the trust and the … Read more

Problems arising with title to your property-statutory provision to the rescue?

The Land and Conveyancing Law Reform Act 2009 may come to your rescue if there is a problem with the title to a property. Recitals Section 59(1) provides 59.— (1) Recitals, statements and descriptions of facts, matters and parties contained in instruments, statutory provisions or statutory declarations 15 years old at the date of the … Read more

The Formation of the Contract in Purchase or Sale of a Property

In order for any contract to be enforceable you need 5 things: The parties must have the legal capacity to enter into a contract They must intend creating legal relations The contractual terms must be certain There must be offer and acceptance There must be consideration. For the sale of land or real property it … Read more