LAW OF PROPERTY ACT 1936

Table of Provisions

• Long Title

PART 1--Preliminary

• 1 Short title
• 4 Repeal
• 5 Savings
• 6 Application of Act to land under Real Property Act 1886
• 7 Interpretation

PART 2--General rules affecting property

• 8 Lands lie in grant only
• 9 Use of word "grant unnecessary
• 10 Power to dispose of all rights and interests in land
• 11 Lis pendens to be registered
• 12 Tenant for life without impeachment of waste, not to commit equitable waste
• 13 No merger at law where none in equity
• 14 Suits for possession of land by mortgagors
• 15 Assignment of debts and choses in action
• 16 Stipulations not of the essence of a contract
• 17 Satisfied terms, whether created out of freehold or leasehold land, to cease
• 18 Vesting order consequential on judgment for sale or mortgage of land
• 19 Vesting order consequential on judgment for specific performance etc
• 20 Rights of pre-emption capable of release
• 21 Purchaser not to be concerned with the trusts of the proceeds of sale
• 22 Right of light not deemed to exist by reason only of enjoyment or presumption of lost grant
• 23 Gift not to be avoided by illegal stipulation attached thereto
• 24 Alien friends may hold real and personal property
• 24A Certain contracts with infants for the repayment of loans to be valid
• 24B Abolition of doctrine of interesse termini
• 24C Body corporate may hold property as joint tenant
• 24D Capacities of corporations
• 25 Contingent remainders protected against the premature failure of a preceding estate

PART 3--General rules affecting contracts, conveyances, and other instruments

• 26 Contracts for sale of land to be in writing
• 27 Discharge of incumbrances by the Court on sales or exchanges
• 28 Conveyances to be by deed
• 29 Instruments required to be in writing
• 30 Creation of interests in land by parol
• 31 Savings in regard to last two sections
• 32 Effect of possession of documents
• 33 Interests of persons in possession
• 34 Persons taking who are not parties and as to indentures
• 35 Conditions and certain covenants not implied
• 36 General words implied in conveyances
• 37 All estate clause implied
• 38 Partial release of security from rent-charge
• 39 Release of part of land affected from a judgment
• 40 Conveyances by a person to self etc
• 41 Execution and attestation of deeds
• 41AA Execution and attestation of other instruments
• 41A Easements without dominant land to be validly created
• 42 Covenants for title

PART 4--Mortgages

• 43 Realisation of equitable charges by the court
• 44 Sale of mortgaged property in action for redemption or foreclosure
• 45 Obligation to transfer instead of reconveying
• 46 Vesting order in place of conveyance by devisee of mortgagee
• 47 Powers incident to estate or interest of mortgagee
• 48 Regulation of exercise of power of sale
• 49 Conveyance on sale
• 50 Application of proceeds of sale
• 51 Provisions as to exercise of power of sale
• 52 Mortgagee's receipts, discharges etc
• 53 Appointment, powers, remuneration and duties of receiver
• 54 Effect of advance on joint account
• 55 Notice of trusts affecting mortgage debts
• 55A Enforcement of rights against mortgagor
• 55B Collateral covenants
• 56 Application to registered land

PART 5--Powers

• 57 Disclaimer etc of powers
• 57A Validation of appointments where objects are excluded or take illusory shares
• 58 Execution of powers not testamentary

PART 6--Class closure, perpetuities and accumulations

Division 1--Preliminary

• 58A Interpretation and jurisdiction
• 59 Application of Part

Division 2--Rules for class ascertainment

• 60 Class ascertainment
• 60A Court's power to reverse statutory limitation on class membership

Division 3--Perpetuities and accumulations

• 61 Abolition of rules against perpetuities and excessive accumulations
• 62 Court may order vesting of interests
• 62A Preservation of rule in Saunders v Vautier

PART 7--Apportionment

• 63 Definitions
• 64 Apportionment of rents in respect of time
• 65 When apportioned part payable or recoverable
• 66 Right of recovering apportioned parts
• 67 Policies of assurance
• 68 Contracting out

PART 8--Partition

• 69 Power to order partition or sale instead of partition
• 70 Sale on application of certain proportion of parties interested
• 71 As to purchase of share of party desiring sale
• 72 Notice to interested parties
• 73 Proceedings where service is dispensed with
• 74 Authority for parties interested to bid
• 75 Court to declare what parties are trustees of lands comprised in any suit, and as to the interests of persons unborn
• 76 Payment and application of moneys arising from settled land
• 77 Trustees may apply moneys in certain cases without application to court
• 78 Until money directed to be applied it is to be invested and dividends to be paid to parties entitled
• 79 Court may direct application of money in respect of leases or reversions as may appear just
• 80 Interpretation of settled land
• 81 Provision for case of successive sales in same auction
• 82 Request by infant or person under disability
• 83 Application for partition to include application for sale and distribution of the proceeds
• 84 Costs

PART 9--Voidable dispositions

• 86 Voluntary conveyances to defraud creditors
• 87 Voluntary disposition with intent to defraud voidable as against purchasers
• 88 Acquisitions of reversions at an under value

PART 10--Miscellaneous

• 89 Vesting order in lieu of conveyance
• 90 Vesting order in cases of mentally incapacitated or infant mortgagee
• 91 In what cases the heir, representative, or devisee of a person, who has contracted to sell land, shall be deemed a trustee
• 100 Assurance policy by spouses
• 108 Interpretation of terms
• 110 Invalidity of restraints upon anticipations
• 112 Regulations respecting notices
• 114 Power of Court to sell interest of Crown in real estate
• 115 Power to waive right of Crown in certain cases
• 116 Definition of intestacy
• 117 Restrictions on constructive notice
• 118 Lessor to have benefit of an informal insurance
• 119 Payment into court
• 120 Saving of certain rights of the Crown
• SCHEDULE 1--Acts repealed
• SCHEDULE 2--Implied covenants
Legislative history