Saturday, March 7, 2009

Should Rachel’s solicitors raise a requisition on title?

Rachel's solicitors should raise a requisition on title because of the need for further documents to prove title as in Tao Qin v Ho Wai Leung (2005) HCA 1336. First, as mentioned earlier, the intermediate root of title offered by the vendor is not validly acceptable. As such, there is need to demand additional documents to provide a stronger evidence of ownership. Second, the non-compliance with the terms of the government lease for Lot 168 could constitute a problem in the conveyancing of title especially when the increase in the height of the building does not form part of the lease agreement renewed with the new law in 1973 so that this is covered by the new rules.

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