CONVEYANCING AND LAW OF PROPERTY ACT 1898 - As at 28 July 1999 - Act 17 of 1898

Table of Provisions

• Long Title

PART 1A - PRELIMINARY

• 1 Name of Act
• 2 First Schedule
• 2A Definition

PART 1 - TITLES TO CROWN GRANTS

• 3 Certain conveyances to pass the fee to purchaser notwithstanding the omission of words of inheritance
• 4 For remedy of insufficient descriptions in grants
• 5 Proviso to protect subsequent grants and adverse holders
• 6 New description to be advertised etc
• 7 The like provisions in case of error in names
• 8 Proof of instrument
• 9 Cases may be referred to Commissioners for claims to grants
• 10 Conditions in grants
• 11 Protection to bona fide purchasers against persons claiming against grantees by matter of prior date
• 12 Protection to bona fide purchaser from grantee in possession
• 13 The like in certain other cases
• 14 Proclamations promising Crown grants
• 15 Lands of debtors or accountants to the Crown

PART 2 - CLAIMS TO GRANTS OF LAND

• 16 Appointment etc of Commissioners for claims to Crown grants
• 17 Appointment of Secretary
• 18 Governor as often as he shall see fit to refer all claims to grants of land to Commissioners
• 19 Commissioners to be guided by the real justice and good conscience of the case
• 20 Meetings of the Commissioners
• 21 Power of Commissioners to summon witnesses
• 22 Offences
• 23 Effect of mortgages and judgments prior to actual grant
• 24 Remuneration of Commissioners and Secretary
• 25 Fees to be taken by Secretary to Commissioners

PART 3 - THE CONVEYANCE AND ASSIGNMENT OF PROPERTY

• 26 Deeds executed by married woman under proclamation of 6 March 1819 valid
• 27 Acknowledgment of deeds where marksman is a party
• 28 Fees payable
29, 30. (Repealed)
• 31 Registration of deed of feoffment equivalent to livery of seisin
• 32 Release equivalent to lease and release
• 33 Provision for cases of future and contingent uses
34-36. (Repealed)

PART 4 - LEASES AND SALES OF SETTLED ESTATES AND ESTATES OF MINORS

• 37 Interpretation
• 38 The Court's power of making leases
• 39 Leases may contain special covenants
• 40 Parts of settled land may be leased
• 41 Leases may be surrendered and renewed
• 42 Power to authorise leases to extend to preliminary contracts
• 43 Modes in which leases may be authorised
• 44 What evidence to be produced on an application to authorise leases
• 45 After approval of a lease Court to direct who shall be the lessor
• 46 Powers of leasing may be vested in trustees
• 47 Minerals may be excepted from leases
• 48 Court may authorise sale of settled estates
• 49 Consideration for land sold for building may be a fee-farm rent
• 50 Minerals etc may be excepted from sales
• 51 Court may authorise dedication of any part of settled land for streets, roads, and other works
• 52 As to laying out and making and executing and maintaining streets, roads, and other works and expenses thereof
• 53 How sales and dedications are to be effected under the direction of the Court
• 54 Application to exercise powers conferred by this Act
• 55 With whose consent such application to be made
56. (Repealed)
• 57 Notice to be given to persons who do not concur or consent to the application
• 58 Court may dispense with notice under certain circumstances
• 59 Court may dispense with consent having regard to the number and interests of parties
• 60 Application may be granted, without consent, saving rights of non-consenting parties
• 61 Notice of application to be served on all trustees etc
• 62 Notice of application to be given in newspapers if Court directs
• 63 Payment and application of moneys arising from sales or set aside out of rent
• 64 Transmission and devolution of capital money
• 65 Trustees may apply moneys in certain cases without application to Court
• 66 Until money can be applied to be invested and dividends to be paid to parties entitled
• 67 Court may direct application of money in respect of leases or reversions as may appear just
• 68 Leases by tenants for life of settled estates
• 69 Against whom such leases shall be valid
• 70 Minors, mentally ill persons etc
• 71 Powers of Court in certain circumstances
72. (Repealed)
• 73 Application by or consent of married woman
• 74 No obligation to make or consent to application etc
• 75 Evidence of execution of counterpart lease by lessee
• 76 Record of the exercise of the powers conferred
• 77 Court may exercise powers repeatedly and may exercise them notwithstanding any declaration to the contrary by the settlors
• 78 Court not to authorise any act which could not have been authorised by the settlor
• 79 Acts of Court in professed pursuance of this Act not to be invalidated
• 80 Costs
• 81 Rules of Court

PART 5 - RENEWABLE LEASEHOLDS

• 82 Surrender and renewal of leasehold of minor
• 83 Charges attending renewal to be charged on estates as the Court directs
• 84 New leases shall be to the same uses
• 85 Renewal of lease for minor
• 86 If persons bound to renew are out of the jurisdiction of the Court, the renewals may be made by a person appointed by the Court in the name of the person who ought to have renewed
• 87 Fines to be paid before renewals executed
• 88 Premiums, how to be paid
• 89 Surrender and leases deemed valid
• 90 Costs

PART 6 - MORTGAGES

• SCHEDULE 1
• SCHEDULE 2
• SCHEDULE 3
• SCHEDULE 4
• SCHEDULE 5
• SCHEDULE 6