Title Deeds And the Rudiments of Real Property Law
Title Deeds And the Rudiments of Real Property Law
Francis Robert Stead
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We now propose, as being, perhaps, the most illustrative course to pursue, to enquire into the modus operandi in the case of a sale of landed property by public auction ; and we will endeavour to illuminate the various steps as we proceed. (1) The solicitor acting for the vendor b will co-operate with the auctioneer in the drafting of the particulars of sale. Care is necessary, as a misdirection may invalidate a contract entered into by an unwilling purchaser. (2) The solicitor for the vendor w...ill prepare the conditions of sale. C These will relate to such details as the mode of bidding, the manner of settlement, commencement of title, abstract, requisitions, etc. a "As the limbs of a tree depend on the root and trunk for vitality, so do all the interests in the land depend on the fee simple. " (Lecture by Mr. Bernard Campion before the Institute of Bankers, as reported in their Journal for January, 1907. ) Vide Chapter IV. b In practice, one solicitor sometimes acts for both parties; especially in the case of a private sale.
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