New South Wales Consolidated Acts

REAL PROPERTY ACT 1900 - SECT 80

80 Implied covenants may be modified or negatived

(1) Every covenant and power to be implied in any instrument by virtue of this Act may be negatived or modified by express declaration in the instrument or indorsed thereon.

(2) In any declaration in an action for a supposed breach of any such covenant, the covenant alleged to be broken may be set forth, and it shall be lawful to allege that the party against whom such action is brought did so covenant precisely in the same manner as if such covenant had been expressed in words in such transfer or other instrument, any law or practice to the contrary notwithstanding.

(3) Every such implied covenant shall have the same force and effect, and be enforced in the same manner as if it had been set out at length in such instrument.