Transfer Land Clause Samples
The TRANSFER LAND clause defines the terms and conditions under which ownership of a parcel of land is formally conveyed from one party to another. Typically, this clause outlines the necessary steps for transfer, such as executing a deed, obtaining required approvals, and ensuring that the land is free from encumbrances at the time of transfer. Its core practical function is to provide a clear and legally binding process for transferring land, thereby preventing disputes and ensuring both parties understand their rights and obligations during the transaction.
Transfer Land. Not used
Transfer Land. The Transfer Land must:
(a) be remediated, if required by the Development Consent (and the extent required by the Development Consent) to be suitable for use as a public laneway, prior to its transfer or dedication to the City;
(b) not be subject to any long-term Environmental Management Plan; and
(c) to the extent permitted by law, be dedicated to the City free of any encumbrances or encroachments, except underground services or utilities, encumbrances or encroachments that do not unreasonably impede the intended use of all or any part of the Transfer Land or any encumbrances or encroachments agreed in writing by the City in its absolute discretion.
Transfer Land. The Transfer Land must:
Transfer Land. All Transfer Land is to be remediated to a minimum depth of 1.5m from the finished footpath level and below the depth of any service asset to be placed under the Transfer Land in accordance with an approved Remediation Action Plan. The Transfer Land is not to be burdened by any long-term Environmental Management Plan
Transfer Land. 14.1 Extinguishment or creation of interests on Transfer Land
(a) Subject to clause 14.2, prior to the dedication or transfer of the Transfer Land to the City, the Developer must:
(i) not create any new encumbrances without the City’s prior written consent;
(ii) ensure the Transfer Land is not subject to any Environmental Management Plan that has not been approved by the City;
(iii) extinguish all leases and licences over the Transfer Land; and
(iv) use its best endeavours to extinguish all redundant encumbrances and those that, in the City’s opinion, would unreasonably impede the intended use of all or any part of the Transfer Land.
(b) The Developer must comply with any directions by the City relating to the Transfer Land, including but not limited to the creation of any encumbrances over the Transfer Land.
Transfer Land. Future Transport Place $Nil After Completion but before the issue of the first Occupation Certificate for the Development. An area of not less than 583.6 square metres, for the future Transport Lane. Plans showing the indicative location of the Transfer Land – Future Transport Place are contained in Annexure A to this document.
3. Developer’s Works An amount which is equal to the Attributed Value of the Developer’s Works as determined pursuant to clause 4.3 of Schedule 3. Prior to the issue of the first Occupation Certificate for the Development. The works include: (a) footway widening in the area comprising the Transfer Land – Botany Road Footpath in 2.(a) above; (b) footway widening in the area comprising the Transfer Land – ▇’▇▇▇▇▇▇▇ Street in 2.(b) above; and (c) construction of a temporary paving treatment in the area comprising the Transfer Land – Future Transport Place in 2.(c) above. Plans and specifications showing the nature and extent of the required Developer’s Works above will be developed further between the parties, however, all works must be consistent with the City of Sydney’s Street Code.
4. Green Infrastructure $Nil Refer to “Due date” column in Annexure B. In accordance with the City’s requirements (see Annexure B).
5. Breakthrough Works $Nil Prior to the issue of the first Occupation Certificate for the Development. The works relating to the breakthrough panel and future tunnel connection under the stormwater culvert as described in Annexure C.
6. Granting and registering the Instrument $Nil Prior to the issue of the first Occupation Certificate for the Development. Granting and registering the Instrument described in Annexure C.
Transfer Land. All Transfer Land is to be remediated in accordance with the recommendations set out in any site audit statement issued in respect of the Transfer Land. If remediation includes a capping layer, that capping layer must be a minimum of 1.5 metres below the top-most surface of the Transfer Land. The Developer must submit an interim site auditor report to the City for approval after the remediation of the Transfer Land has been completed, and prior to the construction of the Footpath.
Transfer Land