ost important: (1) Recitals,
statements and descriptions of facts, matters and parties contained in
instruments twenty years old at the date of the contract are, unless
proved inaccurate, to be taken as sufficient evidence of the truth of
such facts, matters and descriptions; (2) a purchaser cannot require the
production of, or make any requisition or objection in respect of, any
document dated before the commencement of the title; (3) the cost of
obtaining evidence and information not in the vendor's possession must
be borne by the purchaser. The possibility of the rescission clause now
commonly found in contracts for the sale of real estate being exercised
in order to avoid compliance with an onerous requisition, is also an
important factor in the situation. The requisitions are in due course
replied to, and further requisitions may arise out of the answers. A
summary method of obtaining a judicial determination of questions
connected with the contract, but not affecting its validity, is provided
by the Vendor and Purchaser Act 1874. Before completion it is usual for
the purchaser to cause searches to be made in various official registers
for matters required to be entered therein, such as judgments, land
charges, and pending actions, which may affect the vendor's title to
sell, or amount to an incumbrance upon the property.
Conveyances.
When the title has been approved, or so soon as it appears reasonably
certain that it will be accepted, the draft conveyance is prepared and
submitted to the vendor. This is commonly done by and at the expense of
the purchaser, who is entitled to determine the form of the conveyance,
provided that the vendor is not thereby prejudiced, or put to additional
expense. The common mode of conveying a freehold is now, as already
mentioned, by ordinary deed, called in this case an _indenture_, from
the old practice, where a deed was made between two or more parties, of
writing copies upon the same parchment and then dividing it by an
indented or toothed line. Indenting is, however, not necessary, and in
modern practice is disused. A deed derives its efficacy from its being
sealed and delivered. It is still a matter of doubt whether signing is
essential. It is not necessary that its execution should be attested
except in special circumstances, as, e.g. where made under a power
requiring the instrument exercising it to be attested. But in practice
conveyances are not only sealed, but als
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