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Real Estate Deed

Real Estate Deed Template for Australia

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Key Requirements PROMPT example:

Real Estate Deed

"I need a Real Estate Deed for transferring a commercial warehouse property in Sydney, Australia, which includes existing tenant leases and specific environmental warranties due to its previous industrial use."

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Document background
The Real Estate Deed is a fundamental legal instrument in Australian property transactions, essential for transferring real property ownership between parties. This document is utilized when there needs to be a formal, legally binding transfer of real estate ownership, whether for residential, commercial, or industrial properties. The deed must conform to the requirements of the Australian Torrens Title system and relevant state legislation, particularly the Real Property Act and Conveyancing Act. It includes comprehensive details about the property, parties involved, consideration, and various legal warranties and covenants. The document's preparation and execution must follow strict legal requirements to ensure its validity and registrability with the relevant state land registry office. A Real Estate Deed is particularly crucial as it forms part of the chain of title and serves as evidence of the property transfer in the public record.
Suggested Sections

1. Parties: Full legal names and details of the transferor (grantor) and transferee (grantee), including ACN/ABN if applicable

2. Background/Recitals: Context of the transfer and brief history of the property ownership

3. Definitions and Interpretation: Definitions of key terms used in the deed and rules for interpretation

4. Property Description: Detailed legal description of the property including title reference, lot number, and street address

5. Consideration: Details of the payment or value exchanged for the property transfer

6. Transfer and Grant: The operative words of transfer and the estate or interest being transferred

7. Transferor's Warranties: Standard warranties about property ownership, right to transfer, and absence of undisclosed encumbrances

8. Title Documents: Reference to title documents and their transfer

9. Risk and Possession: When risk passes and arrangements for possession

10. Rates and Outgoings: Responsibilities for rates, taxes, and other outgoings

11. Execution Requirements: Format and requirements for valid execution of the deed

Optional Sections

1. Encumbrances: Details of any mortgages, easements, or other encumbrances affecting the property - include when property is not transferred free of encumbrances

2. Special Conditions: Any special terms or conditions specific to this transfer - include when non-standard conditions apply

3. Environmental Matters: Declarations regarding contamination or environmental issues - include for industrial properties or where environmental concerns exist

4. Planning and Zoning: Specific planning or zoning considerations - include when relevant to the property use

5. Tenant Provisions: Details of existing tenancies - include when property is sold subject to leases

6. GST Provisions: Detailed GST treatment - include when transfer is subject to GST

7. Foreign Person Declarations: Required when either party is a foreign person under FIRB rules

Suggested Schedules

1. Property Schedule: Detailed property description including lot number, plan number, title reference, and any exclusive use areas

2. Plan Schedule: Survey plans, strata plans, or other relevant property plans

3. Encumbrances Schedule: List and details of all registered and unregistered encumbrances

4. Inclusion Schedule: List of fixtures and fittings included in the transfer

5. Exclusion Schedule: List of items specifically excluded from the transfer

6. Tenancy Schedule: Details of any existing tenancies including lease terms and conditions

7. Certificate of Title: Copy of the current certificate of title

8. Transfer Form: Prescribed transfer form required for registration

Authors

Alex Denne

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

alex.den.21@genieai.co
Relevant legal definitions











































Clauses


























Relevant Industries

Real Estate

Property Development

Construction

Legal Services

Banking and Finance

Investment

Commercial Property

Residential Property

Agriculture (for rural properties)

Retail

Industrial

Hospitality

Relevant Teams

Legal

Real Estate

Property Management

Compliance

Operations

Finance

Investment

Asset Management

Risk Management

Corporate Services

Acquisitions

Property Development

Relevant Roles

Property Lawyer

Conveyancer

Real Estate Agent

Property Manager

Legal Counsel

Company Secretary

Property Development Manager

Asset Manager

Investment Manager

Compliance Officer

Real Estate Transaction Manager

Property Operations Director

Land Registry Officer

Title Officer

Settlement Agent

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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