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.