CONVEYANCING ACT 1919 - SECT 23C
Instruments required to be in writing
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.
