Contract for sale of land. The incidents of a contract for sale of land re regulated partly by statute and partly by the practice of conveyancers. A contract for sale of land must be in writing, (English) L.P. Act, 1925, s. 40. See FRAUDS, STATUTE OF. If the contract is a simple, unconditional, or open contract for sale of land, it is implied that the vendor is to make a good title to the land for an estate in fee simple free from incumbrances, Hughes v. Parker, 8 M & W 344. He is under an obligation to show a good title (in ordinary circumstances for the thirty years preceding the date of contract, see ABSTRACT), and to prove that title by sufficient evidence. the expenses of showing the title, i.e., the abstract, falls on the vendor and so also the expenses of production of material documents in his possession or in that of his trustees an mortgagees. The expenses of production for verification of those which are not in such possession are to be borne by the purchaser, (English) L.P. Act, 1925, s. 45. It is incumbent upon the vendor to disclose the incumbrances, if any, material to the title on the land such as leases, mortgages, and easements, rights and defects of title which could not have been discovered by inspection of the property, Hardman v. Child, 28 CD 712, and on that account it has sometimes been said that a contract for sale of land is a contract uberrim' fidei. This doctrine apparently only relates to the title; the rule caveat emptor is generally applicable to the physical nature or qualities of the land sold, apart from any representations or the plain and expressed intentions of the contract. From the date of the contract of sale the property belongs in equity to the purchaser and is at the purchaser's risk, see INSURANCE, but until the date of completion or other agreed data such as when a good title has been shown the fruits belong to the vendor and the outgoings are payable by him and he is under a duty to take reasonably good care of the property on behalf of the purchaser. From an after that date the vendor becomes accountable for the rents and profits, and the purchaser as a rule is accountable for interest on the unpaid price. See further CONDITIONS OF SALE, VENDORS LIEN, NOTICE, LAND CHARGES.
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