The Deed of Absolute Sale of Unregistered Land is a crucial legal document used in Australian property transactions where the subject land is not registered under the Torrens title system. This document is particularly relevant in remote areas, historical properties, or newly subdivided land awaiting registration. It requires careful drafting to ensure all legal requirements are met, including proper property description, clear ownership transfer terms, and compliance with state and federal regulations. The deed must address specific challenges related to unregistered land, such as boundary definitions, historical ownership evidence, and potential native title considerations. It's essential for property developers, agricultural businesses, and private landowners engaging in transactions involving unregistered land in Australia.
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1. Parties: Identifies and provides full details of the Vendor and Purchaser, including ACN/ABN for companies
2. Background: Outlines the context of the sale, including the Vendor's ownership status and intention to sell
3. Definitions: Defines key terms used throughout the deed
4. Property Details: Comprehensive description of the unregistered land, including boundaries, measurements, and identifying features
5. Sale and Purchase: Core terms of the sale including purchase price and payment terms
6. Vendor's Warranties: Warranties regarding ownership, right to sell, and property condition
7. Settlement: Details of settlement process, timing, and requirements
8. Title and Risk: Provisions regarding transfer of title and risk to the purchaser
9. Rates and Outgoings: Allocation of responsibility for rates, taxes, and other outgoings
10. Default and Termination: Consequences of default and termination rights
11. Execution: Formal execution blocks for all parties
1. Native Title Declarations: Required when there's potential for native title claims on the land
2. Foreign Investment Provisions: Required when the purchaser is a foreign person or entity
3. GST Provisions: Required when the transaction is subject to GST
4. Environmental Matters: Include when there are known environmental issues or contamination
5. Water Rights: Required when water rights or licenses are attached to the property
6. Access Rights: Include when specific access arrangements or easements need to be documented
7. Development Conditions: Include when there are existing development approvals or restrictions
8. Mineral Rights: Required when mineral rights are included or specifically excluded from the sale
1. Property Description Schedule: Detailed property description including survey plans, measurements, and boundaries
2. Purchase Price Schedule: Breakdown of purchase price, deposit, and payment terms
3. Title Particulars: Details of current title arrangement and historical title information
4. Encumbrances Schedule: List of any existing encumbrances, easements, or restrictions
5. Settlement Requirements: Detailed list of documents and actions required for settlement
6. Vendor Disclosure: Statutory and additional disclosures about the property
7. Survey Report: Technical survey information and land description
8. Transfer Documents: Forms and documents required for the transfer of unregistered land
Relevant legal definitions
Adjoining Land
Approved Form
Business Day
Claim
Completion
Completion Date
Contract Date
Deposit
Encumbrances
Environmental Law
Existing Use
Government Agency
GST
GST Act
Improvements
Land
Law
Native Title Claim
Native Title Rights
Outgoings
Payment Date
Permitted Encumbrances
Property
Purchase Price
Purchaser
Rates
Related Entity
Settlement
Settlement Date
State
Survey Plan
Title Documents
Transfer Documents
Unregistered Land
Vendor
Vendor's Rights
Warranty
Water Rights
Approved Form
Business Day
Claim
Completion
Completion Date
Contract Date
Deposit
Encumbrances
Environmental Law
Existing Use
Government Agency
GST
GST Act
Improvements
Land
Law
Native Title Claim
Native Title Rights
Outgoings
Payment Date
Permitted Encumbrances
Property
Purchase Price
Purchaser
Rates
Related Entity
Settlement
Settlement Date
State
Survey Plan
Title Documents
Transfer Documents
Unregistered Land
Vendor
Vendor's Rights
Warranty
Water Rights
Clauses
Property Description
Sale and Purchase
Purchase Price
Payment Terms
Settlement
Title Transfer
Warranties and Representations
Property Access
Risk and Insurance
Rates and Outgoings
Environmental Matters
Native Title
Encumbrances
Water Rights
Land Use
Survey Requirements
Default and Termination
Notices
Assignment
Dispute Resolution
Governing Law
Registration
Foreign Investment
GST
Costs and Stamp Duty
Entire Agreement
Severability
Further Assurance
Confidentiality
Force Majeure
Sale and Purchase
Purchase Price
Payment Terms
Settlement
Title Transfer
Warranties and Representations
Property Access
Risk and Insurance
Rates and Outgoings
Environmental Matters
Native Title
Encumbrances
Water Rights
Land Use
Survey Requirements
Default and Termination
Notices
Assignment
Dispute Resolution
Governing Law
Registration
Foreign Investment
GST
Costs and Stamp Duty
Entire Agreement
Severability
Further Assurance
Confidentiality
Force Majeure
Relevant Industries
Real Estate
Agriculture
Mining
Property Development
Construction
Infrastructure
Forestry
Tourism
Indigenous Land Use
Rural Industries
Relevant Teams
Legal
Property
Compliance
Real Estate
Land Management
Development
Rural Operations
Native Title
Corporate Affairs
Risk Management
Relevant Roles
Property Lawyer
Conveyancing Lawyer
Real Estate Agent
Property Developer
Land Surveyor
Legal Counsel
Property Manager
Compliance Officer
Native Title Officer
Agricultural Land Manager
Rural Property Consultant
Development Manager
Property Rights Specialist
Land Administration Officer
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