FREE BOOKS

Author's List




PREV.   NEXT  
|<   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42   43  
44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   >>   >|  
o signed, and attested by one or two witnesses. The details of a conveyance in any particular case depend upon the subject-matter and terms of the sale, and the state of the title as appearing by the abstract. The framework, however, of an ordinary purchase-deed consists of (1) the date and parties, (2) the recitals, (3) the testatum or witnessing-part, containing the statement of the consideration for the sale, the words incorporating covenants for title and the operative words, (4) the parcels or description of the property, (5) the habendum, showing the estate or interest to be taken by the purchaser, and (6) any provisos or covenants that may be required. A few words will illustrate the object and effect of these component parts. (1) The parties are the persons from whom the property, or some estate or interest in or in relation to it, is to pass to the purchaser, or whose concurrence is rendered necessary by the state of the title in order to give the purchaser the full benefit of his contract and to complete it according to law. It is often necessary that other persons besides the actual vendor should join in the conveyance, e.g. a mortgagee who is to be paid off and convey his estate, a trustee of an outstanding legal estate, a person entitled to some charge or restriction who is to release it, or trustees who are to receive the purchase-money where a limited owner is selling under a power (e.g. a tenant for life under the power given by the Settled Land Act 1882). Parties are described by their names, addresses and occupations or titles, each person with a separate interest, or filling a distinct character, being of a separate part. (2) The recitals explain the circumstances of the title, the interests of the parties in relation to the property, and the agreement or object intended to be carried into effect by the conveyance. Where the sale is by an absolute owner there is no need for recitals, and they are frequently dispensed with; but where there are several parties occupying different positions, recitals in chronological order of the instruments and facts giving rise to their connexion with the property are generally necessary in order to make the deed intelligible. (3) It is usual to mention the consideration. Where it consists of money the statement of its payment is followed by an acknowledgment, in a parenthesis, of its receipt, which, in deeds executed since the Conveyancing Act 1881, dispenses with an
PREV.   NEXT  
|<   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37   38   39   40   41   42   43  
44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   63   64   65   66   67   68   >>   >|  



Top keywords:

recitals

 

parties

 

property

 
estate
 

purchaser

 
conveyance
 

interest

 

effect

 
persons
 
covenants

object

 

separate

 
person
 
relation
 
consists
 

statement

 

purchase

 

consideration

 

character

 
distinct

filling

 
circumstances
 

attested

 

absolute

 

carried

 

intended

 
interests
 
agreement
 

explain

 

occupations


Settled

 

details

 

selling

 

tenant

 

Parties

 

signed

 

titles

 
addresses
 

witnesses

 

dispensed


payment
 

acknowledgment

 
mention
 
intelligible
 
parenthesis
 

receipt

 

Conveyancing

 
dispenses
 
executed
 

generally