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Practical guides to organising records and preparing for legal discussions. Browse a topic or search a question.
A power of attorney in a property transaction
A power of attorney grants authority within its terms; it should not be mistaken for the conveyance itself. The agent's authority and the owner's title both…
Civil & PropertyGift of immovable property — documentation questions
Identify the property, donor's ownership and proposed recipient, then check the governing gift law. A family relationship does not remove all formalities.
Civil & PropertyMortgages and charges in property due diligence
Identify every loan security, charge and release document affecting the property. A seller's statement that a loan is paid should be supported by the relevant…
Civil & PropertyBuying property involved in litigation
Obtain the pleadings and current orders before committing to a purchase. A pending case can affect the interest acquired even where a deed can technically be…
Civil & PropertyProperty involving a minor's interest
Identify the child's interest and the authority under which an adult proposes to act. Parenthood or family consent should not be assumed to permit every transfer.
Civil & PropertyObtaining a copy of a registered property document
Use the registration particulars to request an appropriate copy through the official process. A readable copy should include schedules, endorsements and all…
Civil & PropertyA lost original property deed
Record the loss accurately and preserve the available registration particulars. Recreating an original or making a false loss statement can create further problems.
Civil & PropertyAn allegedly forged property deed
Preserve the document and identify the disputed signature, authority or transaction. A criminal allegation and a civil challenge can require separate steps.
Civil & PropertyConstruction activity during a property dispute
Identify the property right affected, the construction complained of and any operative permission or court order. A building approval and a title dispute raise…
Civil & PropertyLocal commissions in a civil property case
A commission can assist the court with specified factual matters; it is not a private replacement for the court's decision on title or credibility.
Civil & PropertyAppealing a civil property decree
Distinguish the judgment, decree and any separately appealable order. The correct remedy and time depend on what the court decided.
Civil & PropertyEnforcing a decree for possession
Read the decree's exact property description and operative directions before seeking execution. Winning a suit and obtaining physical possession are separate stages.