Northern Territory Consolidated Acts

LAW OF PROPERTY ACT

TABLE OF PROVISIONS

           Long Title

           Part 1 Preliminary
   1.      Short title
   2.      Commencement
   3.      Act binds Crown
   4.      Definitions
   5.      Application of sections 9, 10, 11 and 62
           Part 2 General rules affecting property
   6.      Effect of repeal of Statute of Uses
   7.      Lands lie in grant only
   8.      Reservation of easements etc. in conveyances of land
   9.      Conveyance of land to be in writing
   10.     Instruments required to be in writing
   11.     Creation of interests in land by parol
   12.     Persons taking who are not parties
   13.     Conveyances by a person to the person etc.
   14.     Rights of husband and wife
   15.     Presumption that parties are adults
   16.     Merger
   17.     Restrictions on operation of conditions of forfeiture
           Part 3 Freehold estates
   18.     Freehold estates capable of creation
   19.     Incidents of tenure on grant in fee simple
   20.     Abolition of escheat
   21.     Alienation in fee simple
   22.     Abolition of estates tail
   23.     Abolition of quasi-entails
   24.     Liability of life tenant for voluntary waste
   25.     Equitable waste
   26.     Recovery of land on determination of a life or lives
   27.     Penalty for holding over by life tenant
   28.     Abolition of rule in
   29.     Words of limitation
           Part 4 Future interests
   30.     Creation of future interests in land
   31.     Power to dispose of all rights and interests in land
   32.     Restriction on executory limitations
           Part 5 Concurrent interests: co-ownership and partition
           Division 1 General rules
   33.     Forms of co-ownership
   34.     Power of body corporates to hold property as joint tenants
   35.     Construction of dispositions of property to 2 or more persons together
   36.     Tenants in common of equitable estate acquiring the legal estate
           Division 2 Partitions, statutory trusts, sale and division
   37.     Interpretation
   38.     Encumbrancee to consent to partition
   39.     Purchaser no obligation under this Part 40. Statutory trusts for sale or partition of property held in co-ownership
   41.     Trustee on statutory trusts for sale or partition to consult persons interested
   42.     Right of co-owners to bid at sale under statutory power of sale
   43.     Sale or division of chattels
   44.     Powers of Court
   45.     Liability of co-owner to account
           Part 6 Deeds, covenants, instruments and contracts
           Division 1 Deeds and covenants
   46.     Description and form of deeds
   47.     Formalities of deeds executed by natural persons
   48.     Execution of instruments by or on behalf of corporations
   49.     Delivery of deeds
   50.     Construction of expressions used in deeds and other instruments
   51.     Implied covenants may be negatived
   52.     Covenants and agreements entered into by a person with himself or herself and another or others
   53.     Receipt in instrument sufficient
   54.     Receipt in instrument or endorsed evidence sufficient in favour of purchaser
           Division 2 General rules affecting contracts
   55.     Effect of joint contracts and liabilities
   56.     Contracts for the benefit of third parties
   57.     Corporate contracts and transactions not under seal
   58.     Guarantees to be in writing
   59.     Provisions as to conclusiveness of certificates etc.
   60.     Effect of Act or statutory instrument
   61.     Insurance money from burnt building
           Division 3 Sales of land
   62.     Contracts for sale etc. of land to be in writing
   63.     Sales of land by auction
   64.     Conditions of sale of land
   65.     Provisions not of the essence of the contract
   66.     Application of insurance money on completion of a sale or exchange
   67.     Right to rescind on destruction of or damage to dwelling house
   68.     Receipt in instrument or endorsed authority for payment
   69.     Restriction on vendor's right to rescind on purchaser's objection
   70.     Damages for breach of contract to sell land
   71.     Rights of purchaser if vendor's title defective
   72.     Applications to court by vendor and purchaser
   72A.    Computer failure
           Division 4 Instalment sales of land etc.
   73.     Application of Division
   74.     Restriction on vendor's right to rescind
   75.     Land not to be sold or mortgaged by vendor
   76.     Right of purchaser to lodge caveat
   77.     Right to require conveyance
   78.     Deposit of title documents and conveyance
           Part 7 Mortgages
           Division 1 General
   79.     Definitions
   80.     Implied obligations in mortgages
   81.     Amendment of mortgage
   82.     Inspection and production of instruments
   83.     Actions for possession by mortgagors
   84.     Mortgagee of leasehold land coming into possession of rent and profits
   85.     Tacking and further advances
   86.     Powers incident to interest of mortgagee
   87.     Powers incident to power of sale
   88.     Application of sections 86 and 87
           Division 2 Exercise of power of sale
   89.     Regulation of exercise of power of sale
   90.     Duty of mortgagee as to sale price
   91.     Effect of conveyance on sale
   92.     Protection of purchasers
   93.     Application of proceeds of sale
   94.     Provisions as to exercise of power of sale
   95.     Mortgagee's receipts discharges etc.
   96.     Appointment, powers, remuneration and duties of receiver
           Division 3 Foreclosure
   97.     Exercise of mortgagee's right of foreclosure
   98.     Sale by Registrar-General
   99.     Order for foreclosure
   100.    Effect of order for foreclosure
   101.    Co-existing rights of mortgagee under prior mortgage
   102.    Application of Division
           Division 4 Miscellaneous
   103.    Effect of advance on joint account
   104.    Obligation to transfer instead of discharging mortgage
   105.    Relief against provision for acceleration of payment
   106.    Mortgagee accepting interest on overdue mortgage not to call up without notice
   107.    Interest of mortgagor not seizable on judgment for mortgage debt
   108.    Abolition of consolidation of mortgages
   109.    Sale of mortgaged property in proceedings for redemption or foreclosure
   110.    Realisation of equitable charges by the Court
   111.    Payment of mortgage money to Public Trustee in case of absent or unknown mortgagees
   112.    Discharge of mortgage by Public Trustee
   113.    Subsequent mortgagees may redeem prior mortgages etc.
           Part 8 Leases and tenancies
           Division 1 Application
   114.    This Part applies subject to
           Division 2 Rights, powers and obligations
   115.    Abolition of interesse termini as to reversionary leases and leases for lives
   116.    Voluntary waste
   117.    Obligations of lessee
   118.    Obligations in short leases
   119.    Powers of lessor
   120.    Short forms of covenants and obligations of lessees
   121.    Cases in which statutory obligations or powers not implied
   122.    Lessee to give notice of ejectment to lessor
   123.    Provisions as to covenants to repair
   124.    No seizures of goods to recover unpaid rent
   125.    Abolition of replevin and distress for rent
           Division 3 Surrenders, assignments and waiver
   126.    Head leases may be renewed without surrendering under-leases
   127.    Provision as to attornments as to tenants
   128.    When reversion on lease is surrendered etc. next estate is to be taken to be reversion
   129.    Apportionment of conditions on severance
   130.    Rent and benefit of lessee's covenants to run with reversion
   131.    Obligation of lessor's covenants to run with reversion
   132.    Waiver of covenant etc. in a lease
   133.    Effect of licences granted to lessee
   134.    Provisions as to covenants not to assign etc. without licence or consent
   135.    Involuntary assignment no breach of covenant
           Division 4 Relief from forfeiture
   136.    Application and interpretation
   137.    Restriction on forfeiture
   138.    Relief against forfeiture
   139.    Power of Court to protect under-lessee on forfeiture of superior leases
   140.    Costs and expenses
   141.    Relief against notice to effect decorative repairs
   142.    Right to exercise option in lease if in lawful possession
   143.    Relief against loss of lessee's option
           Division 5 Termination of tenancies
   144.    Abolition of yearly tenancies arising by implication of law
   145.    Notice of termination of tenancy
   146.    Form and contents of notice
   147.    Manner of giving notice
   148.    Notice to terminate weekly tenancy
   149.    Notice to terminate monthly tenancy
   150.    Notice to terminate yearly tenancy
   151.    Notice to terminate other tenancies
           Division 6 Holding over leased premises
   152.    Tenants etc. holding over to pay double market rent
           Part 9 Incorporeal hereditaments and appurtenant rights
           Division 1 Application
   153.    Saving of existing law
           Division 2 Easements
   154.    Definitions
   155.    Easement in gross
   156.    Manner of granting easements and easements in gross
   157.    Description of certain easements etc.
   158.    Benefit of easements and easements in gross
   159.    Burden of easements and easements in gross
   160.    Powers of others in relation to easements in gross
   161.    Conditions of easements
   162.    Right to support of land and building
           Division 3 Statutory rights of user
   163.    Definitions and application
   164.    Imposition of statutory right of user in respect of land
   165.    Modification or extinguishment of statutory right of user
   166.    Powers of Court
           Division 4 Covenants
   167.    Definitions
   168.    Covenants in gross
   169.    Manner of creating covenants and covenants in gross
   170.    Benefit of covenants and covenants in gross
   171.    Burden of covenants and covenants in gross
   172.    Intention of original parties to prevail
   173.    Liability for non-compliance with covenant
   174.    Extinguishment of covenants by fluxion of time
   175.    Declaration as to nature etc. of covenant
           Division 5 Modification and extinguishment
   176.    Definitions
   177.    Modification or extinguishment of easements and covenants
   178.    Notice of application
   179.    Effect of order
   180.    Application may be made in other proceedings
   181.    Powers of Court
           Part 10 Things in action
   182.    Assignment of thing in action
           Part 11 Perpetuities
   183.    Interpretation
   184.    Application
   185.    Settlements by Crown not bound
   186.    Powers of appointment
   187.    Perpetuity period
   188.    Unborn husband or wife
   189.    Presumptions and evidence as to future parenthood
   190.    Wait-and-see
   191.    Reduction of age and exclusion of class members
   192.    Order of application of remedial provisions
   193.    Administrative powers of trustees
   194.    Remuneration of trustees
   195.    Superannuation and other funds
   196.    Determinable interests
   197.    Options
   198.    Trusts for purposes that are not charitable
   199.    Dependent interests
   200.    Mitigation of rule of remorseless construction
   201.    Abolition of double possibility rule
   202.    Accumulation of income
           Part 12 Powers of appointment
   203.    Application of Part 204. Mode of exercise of powers
   205.    Validation of appointments if objects are excluded or take illusory shares
   206.    Protection of purchasers claiming under certain void appointments
   207.    Disclaimer etc. of powers
           Part 13 Voidable dispositions
   208.    Voluntary conveyances to defraud creditors voidable
   209.    Voluntary disposition of land voidable at instance of purchaser
   210.    Acquisitions of reversions at under value
           Part 14 Apportionment
   211.    Definitions
   212.    Rents etc. apportionable in respect of time
   213.    Exceptions and application
           Part 15 Presumptions of death and survivorship
   214.    Application
   215.    Presumption of death
   216.    Devolution of property in cases where order of death uncertain
   217.    Presumption of survivorship
   218.    Nothing in this Part prevents making of
           Part 16 Miscellaneous
   219.    Service of notices
   220.    Regulations
           Part 17 Repeal
   221.    Repeal
           Schedule 1 Procedure in cases of bona vacanita
           Schedule 2 Short forms of covenants in leases
           Schedule 3 Easements and easements in gross
           Schedule 4 Acts repealed
           ENDNOTES