04 March 2016
Hi
I am preparing a commercial lease that will be registered with LPI.
Both the lessor and lessee are trustees. Is there a difficulty with referring to them as trustees on the LPI Lease form - as there is with a Transfer, for example?
Thanks.
The same rules apply for all dealings.
Fiduciary relationships are not to be shown on the Torrens Title Register. See s 82(1) Real Property Act 1900. Dealing forms must not include any reference to a party being a trustee. A dealing that contains reference to a fiduciary relationship will be registered in the name of the trustee only.
Regards
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