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The Land and Conveyancing Law Reform Act 2009 comprehensively reformed the law of conveyancing, mortgages, registration of and claims to title, rights of way and easements in the Ireland. Some little-used interests relating to feudal tenure, life interests, leases for lives and fee tails were formally abolished. [37] [38]
In Irish and Northern Irish law, a fee farm grant is a hybrid type of land ownership typical in cities and towns. The word fee is derived from fief or fiefdom, meaning a feudal landholding, and a fee farm grant is similar to a fee simple in the sense that it gives the grantee the right to hold a freehold estate, the only difference being the payment of an annual rent ("farm" being an archaic ...
In English common law, fee tail or entail is a form of trust, established by deed or settlement, that restricts the sale or inheritance of an estate in real property and prevents that property from being sold, devised by will, or otherwise alienated by the tenant-in-possession, and instead causes it to pass automatically, by operation of law, to an heir determined by the settlement deed.
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 law of conveyancing in South Africa refers the legal process whereby a person, company, close corporation or trust becomes the registered and legal owner of immovable property, including improved and unimproved land, houses, farms, flats and sectional titles, as well as the registration of bonds and other rights to fixed properties, including servitudes, usufructs and the like.
Following a 2005 report by the Law Reform Commission, the system of feudal tenure as such, in so far as it had survived, was abolished by the Oireachtas in the Land and Conveyancing Law Reform Act (no. 27 of 2009); fee tail was also abolished. [3] However, estates and interests in land, including incorporeal hereditaments, continue.
Licensed conveyancers must also comply with all requirements pursuant to under the Conveyancers Act 2006 (Victoria). In New South Wales (NSW), a conveyancer must hold a license issued by the NSW Fair Trading body. They are regulated by the Conveyancers Licensing Act 2003 [4] and the Conveyancers Licensing Regulation 2015. [5]
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 ...