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Fraud in Property, the importance of dealings in Property being in writing. Introduction This essay is concerning the topic of fraud in property, specifically the significance of carrying out dealings in writing. The aim of this essay is to research in detail the elements which make up the fraudulent activities in property and it goes through the written requirements in writing. Contracts for the sale of other disposition of an interest in land are required to be evidenced in writing and signed by the person against whom the action is brought. In Victoria, this is provided for in the Instruments Act 1958 (Vic) which provides, relevantly, that: s126: "An action must not be brought to charge a person upon a contract for the sale or other disposition of an interest in land unless the agreement on which the action is brought, or a memorandum or note of the agreement, is in writing signed by the person to be charged or by a person lawfully authorised in writing by that person to sign such an agreement, memorandum or note" 1 History Statute of Fraud The Statute of Frauds is a concept in law that requires specific types of contracts to be carried out and executed in writing. This typically refers to and includes those of the Sale of Land, in which is any goods over $500 in value, and contracts of a year or more in length. The Statute of Frauds was adopted in the UK primarily as a common law concept; that is, as unwritten law, although it’s since been formalized by statutes in certain jurisdictions, as such in most states. Discussions on s53 and s126 s53 of the Instruments Act 1958 (Vic) requires Instruments to be in writing. In Contrast, s126 of the Instruments Act 1958 (Vic) provides that a Contract for the Sale of a Property is not enforceable against a party to the contract unless it is signed by the party or a person authorised in writing by the party. Requirements for Instruments Subject to the provisions hereinafter contained with respect to the creation of interest in land by parole: (a) No interest in land can be created or disposed of except by writing signed by the person creating or conveying the same, or by his agent thereunto lawfully authorized in writing, or by will, or by operation of law;

(b) A declaration of trust respecting any land, or any interest therein must be manifested and proved by some writing signed by some person who is able to declare such trust or by his will. 1 https://www.australiancontractlaw.com/law/formation-formalities.html...