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CONVEYANCING ACT 1919 - SECT 23C
Instruments required to be in writing
23C Instruments required to be in writing
(1) Subject to the provisions of this Act with respect to the creation of
interests in land by parol- (a) no interest in land can be created or disposed
of except by writing signed by the person creating or conveying the same, or
by the person’s agent thereunto lawfully authorised in writing, or by will,
or by operation of law,
(b) a declaration of trust respecting any land or any
interest therein must be manifested and proved by some writing signed by some
person who is able to declare such trust or by the person’s will,
(c) a
disposition of an equitable interest or trust subsisting at the time of the
disposition, must be in writing signed by the person disposing of the same or
by the person’s will, or by the person’s agent thereunto lawfully
authorised in writing.
(2) This section does not affect the creation or
operation of resulting, implied, or constructive trusts.
(3) For the purposes
of this section, a requirement for writing may be satisfied in electronic form
and a requirement for writing to be signed may be satisfied by electronic
signature.
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