Queensland Consolidated Acts

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PROPERTY LAW ACT 1974


TABLE OF PROVISIONS

           Long Title

           Contents

           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 Shelly'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

   44.     Description and form of deeds
   45.     Formalities of deeds executed by individuals
   46.     Execution of instruments by or on behalf of corporations
   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

           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
   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
   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
   104.    Voluntary waste
   105.    Obligations of lessees
   106.    Obligations in short leases
   107.    Powers in lessor
   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 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

   234.    Definition for pt 18
   234A.   Application of pt 18

           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
   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

   354.    Definitions for pt 23
   355.    Application of s 68A
   356.    Existing instalment contracts
           SCHEDULE 1 -- PROCEDURE IN CASES OF BONA VACANTIA
           1. Procedure in cases of escheat or other like cases
           2. Writ of inquisition
           3. Return of writ
           4. Writ to be returned before new grant made
           5. Effect of certificate
           6. Saving
           7. Procedure when waiver by the Crown
           8. Power to regulate procedure with respect to escheats to the Crown
           10. Interpretation
           SCHEDULE 3 -- SHORT FORMS OF COVENANTS IN LEASES
           SCHEDULE 4 -- IMPROVEMENTS BY TENANT
           SCHEDULE 5 -- RULES AS TO ARBITRATION
           SCHEDULE 6 -- DICTIONARY
           Endnotes


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