Abstract:
This article examines a trilogy of key statutes that must come under a conveyancer’s radar in the transfer of a deceased proprietor’s land. It surveys the transmission framework under the Land Titles Act 1993 (2020 Rev Ed) (“LTA”), reveals the rather obscure limitation period in s 3(4) of the Residential Property Act 1976 (2020 Rev Ed) and casts light on the infamous s 35(2) of the Conveyancing and Law of Property Act 1886 (2020 Rev Ed) (“CLPA”), tracing its genesis, evolution and current role. This article proposes streamlining this area of conveyancing and, to that end, it argues that s 35(2) of the CLPA should be repealed or migrated to the LTA.