LEGAL DESCRIPTION AND IDENTIFICATION

A contract for the sale of land contains a legal description of the property being sold, the terms and price on which it is sold. These are fundamental terms of the contract and must be clear and unambiguous. If not, the contract is null and void. The buyer's solicitor's job is to advise the buyer of the significance of the terms and in particular, of any special conditions added to the printed form.

The legal description in NSW is the Lot and Deposited Plan number (eg 49/753228) or Lot and Strata Plan number. The legal description in the ACT is the block and section number in the appropriate division. It may also include a title reference (volume and folio numbers) and the deposited plan (DP) number.

The buyer needs to be sure the property described in the agreement is what the buyer has in fact agreed to buy. This can be achieved by checking the title deed and checking the block and section against the departmental plans of Canberra. Canberra has had the benefit of being well surveyed since its inception and the legal description is readily determined.

Under conveyancing law, legal title to the land is being sold and it is the job of your solicitor to protect your interests and to ensure that you pay for a proper title which will give you no problems when, in turn, you come to sell it.