207. Surviving beneficial joint tenant.

Where the sole surviving joint tenant1 is to transfer registered land the buyer should:

  1.  

    (1)     check that no restriction is entered on the proprietorship register of the title;

  2.  

    (2)     redraft the transfer to reflect the change of parties and capacity of the seller; and

  3.  

    (3)     require the seller to provide evidence of the death2.

Where the land is unregistered the buyer should:

  1.  

    (a)     check the conveyance under which the co-owners bought the property to ensure that no memorandum of severance of the joint tenancy has been endorsed on it;

  2.  

    (b)     redraft the purchase deed to reflect the change in parties,