❓ A parliamentary question seeks clarification on Landgate's record-keeping practices regarding land sale contracts, mortgagee checks, and third-party instructions for record changes. Landgate clarifies its limited role in verifying contract validity and its procedures for accepting instructions.
AnsweredQoN 4675Legislative Assembly
QuestionView source ↗
(1) Does Landgate keep records of all signatories to a contract for the sale of land, and if not, why not? (2) What signatures does Landgate keep to a contract of sale of land, and when did this practice commence? (3) When a Land Title record shows that a mortgagee is registered on a title, what document checks are done within Landgate to ascertain that a valid contract exists between the Mortgagor and the Mortgagee? (4) Is it common practice for Landgate to accept correspondence from from a third party directing the formal variation or changing of Landgate records without requiring sworn evidence, and is so, why?
AnswerView source ↗
Answered
10 November 2015
Responded by
Minister for Lands
Response time
19 days
(1) No. Under the
Transfer of Land Act 1893
Landgate is not required to
sight or retain a copy of the contract of sale.
(2) Nil.
(3) No checks are done. The validity of any existing contract is a matter for the parties to determine either by legal advice or by a court proceeding.
(4) No. However, agents of the parties to the transaction are able to provide instructions for change.
Transfer of Land Act 1893
Landgate is not required to
sight or retain a copy of the contract of sale.
(2) Nil.
(3) No checks are done. The validity of any existing contract is a matter for the parties to determine either by legal advice or by a court proceeding.
(4) No. However, agents of the parties to the transaction are able to provide instructions for change.
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