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PROPERTY LAW ACT 1974 - As at 30 April 2022 - Act 76 of 1974

Table of Provisions

PART 1 - PRELIMINARY

  • 1 Short title
  • 2 Act binds Crown
  • 3 Dictionary
  • 4 Act not to be taken to confer right to register restrictive covenant
  • 5 Application of Act
  • 6 Savings in regard to ss 10–12 and 59

PART 2 - GENERAL RULES AFFECTING PROPERTY

  • 7 Effect of repeal of Statute of Uses
  • 8 Lands lie in grant only
  • 9 Reservation of easements etc. in conveyances of land
  • 10 Assurances of land to be in writing
  • 11 Instruments required to be in writing
  • 12 Creation of interests in land by parol
  • 13 Persons taking who are not parties
  • 14 Conveyances by a person to the person etc.
  • 15 Rights of husband and wife
  • 15A Rights of aliens
  • 16 Presumption that parties are of full age
  • 17 Merger
  • 18 Restrictions on operation of conditions of forfeiture

PART 3 - FREEHOLD ESTATES

  • 19 Freehold estates capable of creation
  • 20 Incidents of tenure on grant in fee simple
  • 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 property on determination of a life or lives
  • 27 Penalty for holding over by life tenant
  • 28 Abolition of the rule in Shelley’s Case
  • 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 INTEREST—CO-OWNERSHIP

Division 1 - General rules

  • 33 Forms of co-ownership
  • 34 Power for corporations 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 - Statutory trusts, sale and division

  • 37 Definitions for div 2
  • 37A Property held on statutory trust for sale
  • 37B Property held on statutory trust for partition
  • 38 Statutory trusts for sale or partition of property held in co-ownership
  • 39 Trustee on statutory trusts for sale or partition to consult persons interested
  • 40 Right of co-owners to bid at sale under statutory power of sale
  • 41 Sale or division of chattels
  • 42 Powers of the court
  • 43 Liability of co-owner to account

PART 6 - DEEDS, COVENANTS, INSTRUMENTS AND CONTRACTS

Division 1 - Deeds and covenants

Subdivision 1 - Preliminary
  • 44 Definitions for division
  • 45 What is a counterpart for a document
  • 46 Division does not apply to enduring documents
  • 46A Application of division to powers of attorney
  • 46B Execution of documents under other Acts
  • Subdivision 2 - General rules
  • 46C How deed is made generally
  • 46D Deed may be in form of electronic document and electronically signed
  • 46E Execution by individual
  • 46F Execution by corporation
  • 46G Execution by partnership or unincorporated association
  • 46GA Execution by the State
  • 46H Signing counterpart or true copy
  • 47 Delivery of deeds
  • 48 Construction of expressions used in deeds and other instruments
  • 49 Implied covenants may be negatived
  • 50 Covenants and agreements entered into by a person with himself or herself and another or others
  • 51 Receipt in instrument sufficient
  • 52 Receipt in instrument or endorsed evidence
  • 53 Benefit and burden of covenants relating to land
  • 53A Deposit of deed in registry
  • 53B Protection for third parties

Division 2 - General rules affecting contracts

  • 54 Effect of joint contracts and liabilities
  • 55 Contracts for the benefit of third parties
  • 56 Guarantees to be in writing
  • 57 Effect of provisions as to conclusiveness of certificates etc.
  • 57A Effect of Act or statutory instrument
  • 58 Insurance money from burnt building

Division 3 - Sales of land

  • 58A Definitions for div 3
  • 58B Meaning of settlement of a sale of land in an e-conveyance
  • 59 Contracts for sale etc. of land to be in writing
  • 60 Sales of land by auction
  • 61 Conditions of sale of land
  • 62 Stipulations not of the essence of the contract
  • 63 Application of insurance money on completion of a sale or exchange
  • 64 Right to rescind on destruction of or damage to dwelling house
  • 65 Rights of purchaser as to execution
  • 66 Receipt in instrument or endorsed authority for payment
  • 67 Restriction on vendor’s right to rescind on purchaser’s objection
  • 67A When statutory rights of termination end for land sales if e-conveyancing is used
  • 68 Damages for breach of contract to sell land
  • 68A Forfeiture of deposit on purchaser’s default
  • 69 Rights of purchaser where vendor’s title defective
  • 70 Applications to court by vendor and purchaser
  • 70A Computers inoperative on day for completion

Division 4 - Instalment sales of land

  • 71 Definitions for div 4
  • 71A Application of div 4
  • 72 Restriction on vendor’s right to rescind
  • 73 Land not to be mortgaged by vendor
  • 74 Right of purchaser to lodge caveat
  • 75 Right to require conveyance
  • 76 Deposit of title deed and conveyance

PART 7 - MORTGAGES

  • 77 Definitions for pt 7
  • 77A Application of pt 7
  • 78 Implied obligations in mortgages
  • 78A Mortgages lodged electronically
  • 79 Variation of mortgage
  • 80 Inspection and production of instruments
  • 81 Actions for possession by mortgagors
  • 82 Tacking and further advances
  • 83 Powers incident to estate or interest of mortgagee
  • 84 Regulation of exercise of power of sale
  • 84A Exercise of power of sale in relation to disclaimed properties
  • 85 Duty of mortgagee or receiver as to sale price
  • 86 Effect of conveyance on sale
  • 87 Protection of purchasers
  • 88 Application of proceeds of sale
  • 89 Provisions as to exercise of power of sale
  • 90 Mortgagee’s receipts discharges etc.
  • 91 Amount and application of insurance money
  • 92 Appointment, powers, remuneration and duties of receiver
  • 93 Effect of advance on joint account
  • 94 Obligation to transfer instead of discharging mortgage
  • 95 Relief against provision for acceleration of payment
  • 96 Mortgagee accepting interest on overdue mortgage not to call up without notice
  • 97 Interest of mortgagor not seizable on judgment for mortgage debt
  • 98 Abolition of consolidation of mortgages
  • 99 Sale of mortgaged property in action for redemption or foreclosure
  • 100 Realisation of equitable charges by the court
  • 101 Facilitation of redemption in case of absent or unknown mortgagees

PART 8 - LEASES AND TENANCIES

Division 1 - Rights, powers and obligations

  • 102 Abolition of interesse termini as to reversionary leases and leases for lives
  • 103. (Repealed)
  • 104 Voluntary waste
  • 105 Obligations of lessees
  • 106 Obligations in short leases
  • 107 Powers in lessor
  • 108. (Repealed)
  • 109 Short forms of covenants and obligations of lessees
  • 110 Cases in which statutory obligations or powers not implied
  • 111 Lessee to give notice of ejectment to the lessor
  • 112 Provisions as to covenants to repair

Division 2 - Surrenders, assignments and waiver

  • 113 Head leases may be renewed without surrendering under-leases
  • 114 Provision as to attornments by tenants
  • 115 When reversion on a lease is surrendered etc. the next estate to be deemed the reversion
  • 116 Apportionment of conditions on severance
  • 117 Rent and benefit of lessee’s covenants to run with the reversion
  • 118 Obligation of lessor’s covenants to run with reversion
  • 119 Waiver of a covenant in a lease
  • 120 Effect of licences granted to lessees
  • 121 Provisions as to covenants not to assign etc. without licence or consent
  • 122 Involuntary assignment no breach of covenant

Division 3 - Relief from forfeiture

  • 123 Definitions for div 3
  • 123A Application of div 3
  • 124 Restriction on and relief against forfeiture
  • 125 Power of court to protect under-lessee on forfeiture of superior leases
  • 126 Costs and expenses
  • 127 Relief against notice to effect decorative repairs
  • 128 Relief against loss of lessee’s option

Division 4 - Termination of tenancies

  • 129 Abolition of yearly tenancies arising by implication of law
  • 130 Notice of termination of tenancy
  • 131 Form and contents of notice
  • 132 Manner of giving notice
  • 133 Notice to terminate weekly tenancy
  • 134 Notice to terminate monthly tenancy
  • 135 Notice to terminate yearly tenancy
  • 136 Notice to terminate other periodic tenancy
  • 137 Notice to terminate other tenancies
  • 138 Tenants and other persons holding over to pay double the yearly value
  • 139 Tenant holding over after giving notice to be liable for double rent

Division 5 - Summary recovery of possession

  • 140 Definitions for div 5
  • 141 Summary proceedings for recovery of possession
  • 142 Mode of proceeding
  • 143 Contents of complaint
  • 144 Summons upon complaint for recovery of possession of land
  • 145 Hearing and determination
  • 146 Warrant for possession
  • 147 Arrears of rent etc.
  • 148 Rehearing where proof made by affidavit
  • 149 Court’s powers in proceeding under this division
  • 150 Protection of justices etc.
  • 151 Protection of landlord entitled to possession
  • 152 Persons lacking right to possession not protected

Division 6 - Agricultural holdings

  • 153 Definitions for div 6
  • 154 Application of div 6
  • 155 Tenant’s property in fixtures
  • 156 Tenant’s right to compensation
  • 157 Intended improvements
  • 158 Agreements etc.
  • 159 Arbitration
  • 160 Notice of intended claim
  • 161 Rules for ascertaining amount of compensation
  • 162 Recovery of compensation
  • 163 Landlord who is a trustee
  • 164 Compensation to tenants, when mortgagee in possession
  • 165 Incoming tenant’s claim for compensation reserved
  • 166 Change of tenancy not to affect right to compensation
  • 167 Power of entry

PART 9 - (Repealed)

PART 10 - INCORPOREAL HEREDITAMENTS AND APPURTENANT RIGHTS

  • 176 Prohibition upon creation of rent charges
  • 177 Release of part of land subject to rent charge
  • 178 No presumption of right to access or use of light or air
  • 179 Right to support of land and buildings
  • 180 Imposition of statutory rights of user in respect of land
  • 181 Power to modify or extinguish easements and restrictive covenants

PART 11 - ENCROACHMENT AND MISTAKE

Division 1 - Encroachment of buildings

  • 182 Definitions for div 1
  • 183 Application of div 1
  • 184 Application for relief in respect of encroachments
  • 185 Powers of court on application for relief in respect of encroachment
  • 186 Compensation
  • 187 Charge on land
  • 188 Encroaching owner—compensation and conveyance
  • 189 Adjacent owner—compensation and conveyance
  • 190 Vesting order
  • 191 Boundaries
  • 192 Suit, action or other proceeding
  • 193 Persons interested
  • 194 Costs

Division 2 - Improvements under mistake of title

  • 195 Application of div 2
  • 196 Relief in case of improvements made by mistake
  • 197 Nature of relief
  • 198 Right to apply or be served

PART 11A - RIGHTS OF WAY

  • 198A Prescriptive right of way not acquired by user

PART 12 - EQUITABLE INTERESTS AND THINGS IN ACTION

  • 199 Statutory assignments of things in action
  • 200 Efficacy in equity of voluntary assignments

PART 13 - POWERS OF APPOINTMENT

  • 201 Application of pt 13
  • 202 Mode of exercise of powers
  • 203 Validation of appointments where objects are excluded or take illusory shares
  • 204 Protection of purchasers claiming under certain void appointments
  • 205 Disclaimer etc. of powers

PART 14 - PERPETUITIES AND ACCUMULATIONS

  • 206 Definitions for pt 14
  • 206A When disposition in will made
  • 206B When person to be treated as member of class
  • 207 Application of pt 14
  • 208 Powers of appointment
  • 209 Power to specify perpetuity period
  • 210 Wait and see rule
  • 211 Power to apply to court for declaration as to validity
  • 212 Presumptions and evidence as to future parenthood
  • 213 Reduction of age and exclusion of class members to avoid remoteness
  • 214 Unborn husband or wife
  • 215 Dependent dispositions
  • 216 Abolition of the rule against double possibilities
  • 217 Restrictions on the perpetuity rule
  • 218 Options
  • 219 Determinable interests
  • 220 Trustee powers and superannuation funds
  • 221 Non-charitable purpose trusts
  • 222 Accumulation of income

PART 15 - CORPORATIONS

  • 223 Devolution of property of corporation sole
  • 224 Vacancy in corporation
  • 225 Transactions with corporation sole
  • 226 Corporation incapable of acting
  • 227 Corporate contracts and transactions not under seal

PART 16 - VOIDABLE DISPOSITIONS

  • 228 Voluntary conveyances to defraud creditors voidable
  • 229 Voluntary disposition of land how far voidable as against purchasers
  • 230 Acquisitions of reversions at an under value

PART 17 - APPORTIONMENT

  • 231 Definitions for pt 17
  • 232 Rents etc. apportionable in respect of time
  • 233 Exceptions and application

PART 18 - UNREGISTERED LAND

Division 1 - Application of part—interpretation

Division 2 - Sales and conveyances

  • 235 No conveyance to have tortious operation
  • 236 Want of livery of seisin
  • 237 Statutory commencements of title
  • 238 Other statutory conditions of sale
  • 239 General words implied in conveyances
  • 240 All estate clause implied

Division 3 - Registration of deeds

  • 241 Registration of instruments and wills
  • 242 Mode of registration
  • 243 Signature on behalf of dead or absent party
  • 244 Receipts by registrar and endorsement
  • 245 Mistakes in registration
  • 246 Deeds to take effect according to priority of registration
  • 247 Fraud of conveying party
  • 248 Covenants to produce deeds
  • 249 Certified copy as evidence

Division 4 - Compulsory registration of title

  • 250 Progressive registration of unregistered land
  • 251 Claims by persons claiming to be entitled to land or registrable interests
  • 252 Vesting of land in Crown
  • 253 Powers and duties of the registrar
  • 254 Investigator of old system titles
  • 254A Continuation of division after commencement of Land Title Act 1994

PART 19 - PROPERTY (DE FACTO RELATIONSHIPS)

Division 1 - Preliminary

  • 255 Main purposes of pt 19
  • 255A Relationship of this part with the Family Law Act in relation to particular financial matters
  • 256 How main purposes are to be achieved
  • 257 Application of pt 19
  • 258 Other rights not affected

Division 2 - Interpretation

Subdivision 1 - General
  • 259 Definitions for pt 19
  • Subdivision 2 - De facto partner and relationship concepts
  • 260 Extended meaning of de facto partner for pt 19
  • 261 Meaning of de facto relationship
  • Subdivision 3 - Financial matters and financial resources concepts
  • 262 Meaning of financial matters
  • 263 Meaning of financial resources
  • Subdivision 4 - Cohabitation, separation and recognised agreement concepts
  • 264 Meaning of cohabitation agreement
  • 265 Meaning of separation agreement
  • 266 Meaning of recognised agreement
  • Subdivision 5 - Publication and account of a de facto proceeding concepts
  • 267 Meaning of publish
  • 268 Meaning of account of a de facto proceeding

Division 3 - Resolution of financial matters by de facto partners

Subdivision 1 - Purpose of division and use of agreements
  • 269 Purpose of div 3
  • 270 Cohabitation and separation agreements are valid
  • 271 Court’s jurisdiction may not be excluded
  • 272 Law of contract applies
  • 273 Effect of de facto partner’s death
  • Subdivision 2 - Relationship between recognised agreements and proceedings
  • 274 No property adjustment order inconsistent with recognised agreement
  • 275 Court to ignore revoked provision
  • 276 Court may vary recognised agreement if serious injustice or impracticable
  • Subdivision 3 - Relationship between agreements other than recognised agreements and proceedings
  • 277 Other cohabitation or separation agreements may be considered
  • 278 Court to ignore revoked provision

Division 4 - Resolution of financial matters by court

Subdivision 1 - Declaration of property interests
  • 279 Purpose of sdiv 1
  • 280 Court may declare property interests
  • 281 Court may give effect to declaration
  • Subdivision 2 - Adjustment of property interests Subsubdivision 1 - General
  • 282 Purpose of sdiv 2
  • 283 De facto partner may apply
  • 284 De facto partners or child may benefit from adjustment
  • 285 Not affected by other rights
  • 286 Court may make property adjustment order
  • Subsubdivision 2 - Requirements for property adjustment proceedings
  • 287 Type of de facto relationship
  • 288 Time limit for making application
  • 289 Disclosure of financial circumstances
  • 290 Disclosure of child support and relevant orders
  • Subsubdivision 3 - Matters for consideration in deciding what is just and equitable
  • 291 Contributions to property or financial resources
  • 292 Contributions to family welfare
  • 293 Effect on future earning capacity
  • 294 Child support
  • 295 Other orders
  • 296 Other matters
  • Subsubdivision 4 - Additional matters for consideration to the relevant extent in deciding what is just and equitable
  • 297 Age and health
  • 298 Resources and employment capacity
  • 299 Caring for children
  • 300 Necessary commitments
  • 301 Responsibility to support others
  • 302 Government assistance
  • 303 Appropriate standard of living
  • 304 Contributions to income and earning capacity
  • 305 Length of relationship
  • 306 Effect of relationship on earning capacity
  • 307 Financial circumstances of cohabitation
  • 308 Child maintenance
  • 309 Other facts and circumstances
  • Subsubdivision 5 - Adjournment because of likely change in financial circumstances
  • 310 Likelihood of significant change in financial circumstances
  • 311 Matters for consideration by court
  • 312 Orders may be made before adjournment
  • 313 Adjournments on other grounds not affected
  • Subsubdivision 6 - Change in circumstances
  • 314 Delayed operation of order
  • 315 Effect on proceeding of death of party

Division 5 - Existence of a de facto relationship

Subdivision 1 - Declaration about existence of relationship
  • 316 Purpose of div 5
  • 317 Application
  • 318 Court may adjourn hearing if other affected person
  • 319 Court may make declaration about existence of relationship
  • 320 Court may make declaration about non-existence of relationship
  • 321 Declaration to include date
  • 322 Death of de facto partners irrelevant
  • 323 Effect of declaration
  • Subdivision 2 - Revocation of declaration
  • 324 Party or affected person may apply
  • 325 Court may adjourn hearing if other affected person
  • 326 Court may revoke declaration
  • 327 Court may make ancillary orders
  • 328 Effect of revocation

Division 6 - Courts

Subdivision 1 - Jurisdiction
  • 329 Courts having jurisdiction under pt 19
  • 330 Stay or dismissal of proceeding in relation to same person
  • 331 Transfer of proceeding to more appropriate court
  • Subdivision 2 - Powers
  • 332 Purpose of sdiv 2
  • 333 Court’s powers
  • 334 Variation and setting aside of orders
  • 335 Transactions to defeat claims
  • 336 Interests of other parties
  • 337 Duty of court to end financial relationship
  • Subdivision 3 - Miscellaneous matters concerning proceedings Subsubdivision 1 - Intervention
  • 338 Application for leave
  • 339 Leave to intervene
  • 340 Intervener’s rights
  • Subsubdivision 2 - Costs
  • 341 Party bears own costs
  • Subsubdivision 3 - Publication of proceedings
  • 342 Specifically authorised publication
  • 343 No identification in general publication
  • 344 Offence

PART 20 - MISCELLANEOUS

  • 345 Protection of solicitors and others adopting this Act
  • 346 Restriction on constructive notice
  • 347 Service of notices
  • 348 Payments into and applications to court
  • 349 Forms
  • 350 Approval of forms
  • 350A Fees for titles registry functions
  • 351 Regulation-making power

PART 21 - TRANSITIONAL PROVISION FOR PROPERTY LAW (MORTGAGOR PROTECTION) AMENDMENT ACT 2008

  • 352 Mortgagor protection

PART 22 - TRANSITIONAL PROVISION FOR CIVIL AND CRIMINAL JURISDICTION REFORM AND MODERNISATION AMENDMENT ACT 2010

  • 353 Amendments do not affect existing matters

PART 23 - TRANSITIONAL PROVISIONS FOR LAND SALES AND OTHER LEGISLATION AMENDMENT ACT 2014

PART 24 - TRANSITIONAL PROVISIONS FOR COURT AND CIVIL LEGISLATION AMENDMENT ACT 2017

PART 25 - TRANSITIONAL PROVISIONS FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2020

  • 359 Application of s 84A
  • 360 Application of proceeds of sales that happened before commencement

PART 26 - TRANSITIONAL AND VALIDATING PROVISIONS FOR JUSTICE AND OTHER LEGISLATION AMENDMENT ACT 2021

  • 360A Deed signed by different signatories before and after commencement
  • 360B Execution of deed by corporation sole or State after commencement of Justice Legislation (COVID-19 Emergency Response—Wills and Enduring Documents) Amendment Regulation 2020

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