PROPERTY LAW ACT 1974 - SECT 14
Conveyances by a person to the person etc.
PROPERTY LAW ACT 1974 - SECT 14
Conveyances by a person to the person etc.
14 Conveyances by a person to the person etc.
(1) In conveyances and leases made after 28 December 1867, personal property,
including chattels real, may be conveyed or leased by a person to the person
jointly with another person by the like means by which it might be conveyed or
leased by the person to another person.
(2) In conveyances or leases made
after the commencement of this Act freehold land, or a thing in action, may be
conveyed or leased by a person to the person jointly with another person, by
the like means by which it might be conveyed or leased by the person to
another person, and may, in like manner, be conveyed or leased by a husband to
his wife, and by a wife to her husband, alone or jointly with another person.
(3) After the commencement of this Act a person may convey or lease land to or
vest land in the person but may not convey to or vest in the person an estate
in fee simple absolute in such land.
(4) Two or more persons (whether or not
being trustees or personal representatives) may convey or lease, and shall be
deemed always to have been capable of conveying or leasing, any property
vested in them to any 1 or more of themselves in like manner as they could
have conveyed or leased such property to a third party.
(4A) However, if the
persons in whose favour the conveyance or lease is made are, because of any
fiduciary relationship or otherwise, precluded from validly carrying out the
transaction, the conveyance or lease shall be liable to be set aside.
(5) In
subsection (4) —
"or more of themselves" includes all the persons by whom the conveyance or
lease is or has been made.
