The Interpretation of Documents on the Register: Issues for England and Wales, Australia and New Zealand

Rod Thomas (editorial) “The interpretation of documents on the register; issues for England and Wales, Australia and New Zealand” (2016) 80 The Conveyancer and Property Lawyer 1

8 Pages Posted: 24 Jan 2019 Last revised: 31 Jan 2019

See all articles by Rod Thomas

Rod Thomas

Auckland University of Technology - Faculty of Business & Law; University of Cambridge - Cambridge Centre for Property Law; European Law Institute; IPRA-CINDER; Australian College of Strata Lawyers

Date Written: January 13, 2019

Abstract

Giving advice on the meaning of a document appearing on a public register is a very practical issue. It is also an everyday issue. It affects conveyancers, members of the public, territorial authority employees, government employees, financiers and investors. Yet, somewhat surprisingly, there is some doubt as to how this exercise should be approached. Should the document terms be read literally; should they be given a meaning that third parties searching the register would readily attribute to those terms; or, if a contract, should the terms be given a meaning understandable and agreed between the contracting parties, even if that meaning is not known to third parties reading the (now) registered document?

Keywords: registries, interpetation of documents, land dealings

JEL Classification: K11

Suggested Citation

Thomas, Rod, The Interpretation of Documents on the Register: Issues for England and Wales, Australia and New Zealand (January 13, 2019). Rod Thomas (editorial) “The interpretation of documents on the register; issues for England and Wales, Australia and New Zealand” (2016) 80 The Conveyancer and Property Lawyer 1, Available at SSRN: https://ssrn.com/abstract=3315005 or http://dx.doi.org/10.2139/ssrn.3315005

Rod Thomas (Contact Author)

Auckland University of Technology - Faculty of Business & Law ( email )

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University of Cambridge - Cambridge Centre for Property Law ( email )

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Australian College of Strata Lawyers ( email )

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