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Deed Of Absolute Sale Of A Portion Of Land Template for Australia

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Key Requirements PROMPT example:

Deed Of Absolute Sale Of A Portion Of Land

"I need a Deed of Absolute Sale of a Portion of Land for selling 2,000 square meters of my commercial property in Brisbane to a developer, with settlement scheduled for March 15, 2025, including specific provisions for existing tenant rights and easements."

Document background
The Deed of Absolute Sale of a Portion of Land is a crucial legal instrument in Australian property transactions, used specifically when transferring ownership of a part of a larger land parcel. This document is essential in situations involving land subdivision, property development, or partial property sales. It must comply with state-specific property laws and regulations, including requirements for land subdivision, local council approvals, and title registration. The deed contains comprehensive details about the property portion being sold, including precise measurements, boundaries, easements, and encumbrances. It's particularly important in commercial and residential development projects, agricultural land divisions, and industrial property transactions. The document provides security and certainty to both parties by clearly defining their rights and obligations, and ensuring the transaction meets all legal requirements for property transfer in Australia.
Suggested Sections

1. Parties: Identifies and provides full details of the Vendor and Purchaser, including names, addresses, and ACN/ABN if applicable

2. Background: Establishes the context of the sale, including the Vendor's ownership and intention to sell a portion of the land

3. Definitions and Interpretation: Defines key terms used throughout the deed and sets out rules for interpretation

4. Sale and Purchase: Core provision stating the agreement to sell and purchase the portion of land

5. Purchase Price: Specifies the agreed purchase price and payment terms

6. Property Description: Detailed description of the portion of land being sold, including boundaries and measurements

7. Completion: Specifies the settlement date and completion requirements

8. Title and Property Certificates: Warranties regarding title and required property certificates

9. Vendor's Warranties: Standard warranties about the property's condition, encumbrances, and compliance with laws

10. Purchaser's Warranties: Warranties from the purchaser regarding capacity to purchase and compliance with laws

11. Adjustment of Outgoings: Provisions for adjusting rates, taxes and other outgoings

12. Risk and Insurance: Provisions regarding transfer of risk and insurance requirements

13. Default: Consequences and remedies for default by either party

14. Goods and Services Tax: GST treatment of the transaction

15. Notices: Requirements for giving notices under the deed

16. General Provisions: Standard boilerplate provisions including governing law, entire agreement, and severability

17. Execution: Formal execution blocks for all parties

Optional Sections

1. Foreign Investment Review Board Approval: Required when the purchaser is a foreign person requiring FIRB approval

2. Environmental Matters: Include when there are specific environmental considerations or contamination issues

3. Development Conditions: Required when the sale is conditional on specific development approvals

4. Subdivision Requirements: Include when the portion of land requires subdivision approval

5. Easements and Rights of Way: Include when new easements or rights of way need to be created

6. Native Title: Required when there are native title considerations

7. Water Rights: Include when water rights are being transferred or retained

8. Mining Rights: Include when there are existing mining rights or reservations

Suggested Schedules

1. Property Description Schedule: Detailed technical description of the land portion including survey plans and measurements

2. Title Search Schedule: Copy of the current title search showing registered interests

3. Plan of Subdivision: Survey plan showing the proposed subdivision of the land

4. Disclosure Schedule: Details of any disclosures required by law or agreed between the parties

5. Outstanding Notices Schedule: List of any outstanding notices affecting the property

6. Permitted Encumbrances: List of encumbrances that will remain on title after completion

7. Purchase Price Components: Breakdown of the purchase price including any adjustments

8. Settlement Requirements: Detailed list of documents and requirements for settlement

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions


































Clauses






























Relevant Industries

Real Estate

Property Development

Agriculture

Mining

Infrastructure

Commercial Property

Residential Property

Industrial Property

Urban Planning

Construction

Relevant Teams

Legal

Real Estate

Property Development

Facilities Management

Corporate Development

Risk Management

Compliance

Finance

Operations

Business Development

Asset Management

Relevant Roles

Property Lawyer

Real Estate Agent

Property Developer

Land Surveyor

Conveyancer

Legal Counsel

Property Manager

Development Manager

Project Manager

Commercial Director

Facilities Manager

Real Estate Investment Manager

Agricultural Land Manager

Mining Rights Manager

Town Planner

Corporate Lawyer

Property Acquisitions Manager

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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