South Australian Consolidated Acts

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LAW OF PROPERTY ACT 1936 - SECT 40

40—Conveyances by a person to himself etc

        (1)         Personal property, including chattels real, may be conveyed by a person to himself jointly with another person by the like means by which it might be conveyed by him to another person.

        (2)         Freehold land, or a thing in action, may be conveyed by a person to himself jointly with another person, by the like means by which it might be conveyed by him to another person; and may, in like manner, be conveyed by a husband to his wife, and by a wife to her husband, alone or jointly with another person.

        (3)         A person may convey land or any other property to himself or to himself and others.

        (4)         Two or more persons (whether or not being trustees or personal representatives) may convey, and shall be deemed always to have been capable of conveying any property vested in them to any one or more of themselves in like manner as they could have conveyed such property to a third party: Provided that if the persons in whose favour the conveyance is made are, by reason of any fiduciary relationship or otherwise, precluded from validly carrying out the transaction, the conveyance shall be liable to be set aside.



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