chapter  4
24 Pages

The transfer and creation of property interests

WithJudith Bray

Land has a special significance and so special formalities are required for a transfer of an interest in land. This chapter aims to understand the importance of formalities in the transfer of land and property interests. It identifies the key stages in the transfer of property. The chapter explains the formalities necessary for each stage in the transfer of land. It describes the documents used for the transfer of land. The chapter provides the basic principles involved in e-conveyancing. Much of the law on exchange of contracts and completion will be transformed by the advent of electronic conveyancing or ‘e-conveyancing’. The electronic signature will have the same force of law as a signature on a paper conveyance. The aims of electronic conveyancing are quite clear, namely to remove the traditional paper requirements normally associated with the conveyancing transactions and replace them with a system allowing the transfer of property interests between parties to be conducted via a computer.