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Civil Law (Property) Act 2006
201Instruments required to be in writing
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201 Instruments required to be in writing
(1) An interest in land cannot be created or disposed of by a person
except—
(a) by writing signed by the person or by the person’s agent properly
authorised in writing; or
(b) by the person’s will; or
(c) by operation of law.
Note 1 The Legislation Act, dict, pt 1 defines interest, in relation to land and
other property, and land.
Note 2 See also the Legislation Act, s 168 (References to person with interest in
land include personal representative etc).
(2) A declaration of trust by a person in relation to an interest in land
must be—
(a) in writing signed by the person; or
(b) made by the person’s will.
(3) A disposition by a person of an equitable interest or trust existing at
the time of the disposition must be—
(a) in writing signed by the person or by the person’s agent properly
authorised in writing; or
(b) made by the person’s will.
Rules of law on certain points Division 2.2.1
(4) This section—
(a) does not affect the creation or operation of a resulting, implied
or constructive trust; and
(b) is subject to section 202 (Creation of interests in land by word
of mouth).