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Conveyancing

Conveyancing. Choices I. Contract and Deed Warranties or Caveat Emptor Stamp Duty. Choices II. Notaries Solicitors and Advocates Simplicity or Specialists?. Handling and registration. Issuing a Certificate. Application. Title Registration. Presentation of documents

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Conveyancing

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  1. Conveyancing

  2. Choices I • Contract and Deed • Warranties or Caveat Emptor • Stamp Duty

  3. Choices II • Notaries • Solicitors and Advocates • Simplicity or Specialists?

  4. Handling and registration Issuing a Certificate Application Title Registration • Presentation of documents • Inspection by the Registrar • Guaranteed Certificate of Title • Simple searches

  5. Deeds Recordation • To get time priority • Indexing and filing • Searches in files

  6. Registration of Ownership • Title registration: The Registry guarantees the informationChecks by the Registrar are costly • Deeds recordation: No guarantee, just filing and indexingTitles searches will be costly

  7. Cadastre Forestry Taxes Market Environment Housing Planning Maps Register Features Land Registers can be part of a Land Information System Most registers are open to the public Computerization is a benefit to the public LIS

  8. Public Access • Free access or professional purpose • Costfree or charged • Documents or computerized information • Protection of integrity • Government monopoly or private improvements

  9. Reasons for Registration • Compulsory (United Kingdom) • Protectionagainstthirdparties (USA, Sweden) • Duty for notaries (France, Germany)

  10. Conveyancing in Sweden • Contract • Deed, payment and transfer of possession • Registration of title

  11. The Contract Land Code ch.4 sec. 1: • In writing • Name of the property • Declaration of transfer • Purchaseprice • Signatures from seller and buyer Othercontracts as well as pledges to sell are not valid.

  12. The Deed • Serves a receipt that the seller has beenpaid. • Used for registration • Same contents as the contract (written, propertyname, declaration of transfer, price, signatures)

  13. Our biggest problem… • Frauds? • Wrong forms? • Uncertainboundaries? • Charges from otherparties? No, it is this →

  14. Defects • Land Codech. 4 sec. 19 • Deviation from what has beenpromised or from what the buyerscouldjustifiablyanticipate are seen as defects, provided that the defectwas not possible to discover. • Deduction from the price • Damages • Cancellation

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