A Real Estate Donation Agreement is essential when transferring property ownership without payment in England and Wales. This document is commonly used for charitable giving, family transfers, or institutional donations. It must comply with strict legal requirements including the Law of Property Act 1925 and Land Registration Act 2002. The agreement details the property specifications, confirms the donor's authority to transfer, addresses tax implications, and establishes any conditions or restrictions on the donation. It provides legal protection for both parties and ensures proper documentation for land registry purposes.
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1. Parties: Identification and details of the donor and recipient
2. Background: Context of the donation and brief property description
3. Definitions: Key terms used throughout the agreement
4. Property Description: Detailed description of the property being donated
5. Transfer Terms: Specific conditions of the donation transfer
6. Representations and Warranties: Donor's declarations about property ownership and condition
7. Completion Requirements: Steps required to complete the transfer
1. Charitable Purpose: Required when donation is to a charity, specifying intended use and charitable requirements under Charities Act 2011
2. Tax Provisions: Specific arrangements regarding tax implications, including Stamp Duty Land Tax and Capital Gains Tax considerations
3. Conditions Precedent: Conditions that must be met before completion of the donation
4. Ongoing Obligations: Any continuing responsibilities of either party post-completion
1. Schedule 1 - Property Title Documents: Copies of title deeds and registration documents from Land Registry
2. Schedule 2 - Property Plans: Official plans and drawings of the property including boundaries
3. Schedule 3 - Property Information Form: Standard property information provided by the donor including property condition and history
4. Schedule 4 - Encumbrances Schedule: List of any existing charges, restrictions, or obligations affecting the property
5. Schedule 5 - Tax Certificates: Relevant tax clearances or certificates required for the donation
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