ACTIn ForceAct
Land Titles Act 1925
73Memorandum of transfer
Start here
Get a plain-English read of 73
Turn the raw legal text into a practical explanation grounded in Land Titles Act 1925.
73 Memorandum of transfer
(1) An interest in land under this Act may be transferred by registration
of a memorandum of transfer.
(2) The registrar-general must not register a memorandum of transfer
(a) if the transfer is lodged by—
(i) a legal practitioner on behalf of a party—the legal
practitioner provides the certification under section 48BA;
or
(ii) a mortgagee corporation—the mortgagee corporation
provides the certification under section 48BB; or
(b) in any other case—the transfer has been executed by the
registered proprietor of the land and accepted by the transferee
or the transferee’s legal practitioner on the transferee’s behalf.
Note The transferee’s identity and authority to transfer the land must also
be verified (see s 48BC).
(3) An acceptance under subsection (2) (b) shall be evidenced—
(a) in the case of an individual—by his or her signature; or
(b) in the case of a corporation—in accordance with the
Corporations Act, section 127 (Execution of documents
(including deeds) by the company itself).