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LAW OF PROPERTY ACT 2000 - SECT 10 Instruments required to be in writing

LAW OF PROPERTY ACT 2000 - SECT 10

Instruments required to be in writing

    (1)     Subject to this Act:

        (a)     no interest in land can be created or disposed of except:

            (i)     by writing signed by the person creating or conveying the interest or by the person's agent lawfully authorised in writing;

            (ii)     by will; or

            (iii)     by operation of law;

        (b)     a declaration of trust in respect of land must be manifested and proved:

            (i)     by some writing signed by a person who is able to declare the trust; or

            (ii)     by will; and

        (c)     a disposition of an equitable interest or trust subsisting at the time of the disposition, must be manifested and proved:

            (i)     by some writing signed by the person disposing of the interest or trust or by the person's agent lawfully authorised in writing; or

            (ii)     by will.

    (2)     Subsection (1) does not affect the creation or operation of resulting, implied or constructive trusts.