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CONVEYANCING AND LAW OF PROPERTY ACT 1884

- Act 19 of 1884 - Royal Assent 29 October 1883

Table of Provisions

Long Title

PART I - Preliminary

1 Short title and commencement

2 Interpretation

PART II - Sales and Other Transactions

3 Conditions applicable to all contracts of sale of lands

4 Provision by Court for incumbrances and giving effect to sale freed

5 Constructive notice: Restriction on

6 What is included in a conveyance of land

7 Covenants for title implied in certain cases

8 Rights of purchaser regarding execution

9 Acknowledgment of right to production: Undertaking for safe custody

9A Revival of easements, &c., on disunity of seisin

PART III - Leases

10 Rent and benefit of lessee's covenants run with reversion

11 Obligation of lessor's covenants runs with reversion

11A Provisions as to attornments by tenants

12 Apportionment of conditions on severance, &c., of reversion

13 Section 13

14 Section 14

15 Restrictions on and relief against forfeiture of leases

16 Effect of licences

PART IV - Mortgages

17 Obligation on mortgagee to transfer instead of reconveying

18 Power of mortgagor to inspect title deeds

19 Leasing power of mortgagor and mortgagee in possession

20 Further leasing powers; Limitation of term

21 Powers incident to estate or interest of mortgagee

22 Regulation of exercise of mortgagee's power of sale

23 Obligations and rights in respect of conveyance on sale by mortgagee

24 Mortgagee's receipts, discharges, &c.

25 Insurance money: Amount and application of

26 Receivers

27 Sale of mortgaged property in action for foreclosure, &c.

PART V - Statutory Mortgage

28 Form of mortgage

29 Forms of transfer of mortgage

30 Implied covenants, joint and several

31 Form of reconveyance of mortgage

31A Discharge of mortgages by endorsements

PART VI - Satisfied Terms: Trust estates

32 Satisfied terms, whether out of freehold or leasehold, to cease

33 Protection of trustee, &c.

34 Devolution of trusts and powers

PART VIA - Easements Division 1 - Easements generally

34A Short descriptions of easements

34B Party walls

34C Implication of regrant

Division 2 - Parking easements

34D Interpretation

34E Nature of parking easement

34F Creation of parking easement

34G Dominant and servient tenements

34H Conditions of parking easement

34I Parking easement to run with land

34J Variation of parking easement

34K Termination of parking easement

34L Registration

PART VII - Title: Sale and Purchase

35 Commencement of title

35A Saving for certain restrictive covenants

36 Contracts for sale, &c., of land to be in writing

37 Obligations and rights of vendor and purchaser

38 Tacking and further advances

39 Right of vendor or purchaser to obtain decision of judge as to

40 Voluntary conveyances to defraud creditors voidable

41 Voluntary disposition of land: How far voidable as against purchasers

42 Acquisitions of reversions at under value

PART VIII - Married Women

43 Power of Court to bind interest of married woman

44 Power of attorney of married woman

45 Restraint on anticipation abolished

PART IX - Infants

46 Management of land and receipt and application of income during

47 Application by trustees of income of property of infant for

48 Power of guardians of minors to surrender and renew leases by order

49 Infants empowered to grant renewals of leases

50 Power of Court to authorize lease when for benefit of estate

51 When persons to renew are out of the jurisdiction

52 Fines to be paid before renewal executed

53 Application of premiums

54 Power of Court to order dividends to be applied for maintenance,

55 Power of Court to direct that costs be paid from lands or from

PART X - Rent-Charges and Other Annual Sums: Judgments

56 Remedies for recovery of annual sums charged on land

57 Release of part of land not an extinguishment of whole rent-charge

58 Release of part of land not to affect judgment as to residue

PART XI - Construction and Effect of Deeds and Other Instruments

Division 1 - Deeds and other instruments, including conveyances of

chambers

59 Land and interests therein lie in grant only

60 Conveyances to be by deed

61 Conditions and covenants: In what cases not implied, &c.

62 Conveyance by person to himself: Bodies corporate, joint tenancies

63 Execution and attestation of deeds

63A Section 63A

64 Construction of "month", "person", and the singular and the masculine

65 Words of limitation in tail

66 Construction of supplemental or annexed deed

67 Receipt in deed sufficient

68 Receipt in deed or endorsed, evidence for subsequent purchaser

69 Receipt in deed or endorsed, authority for payment to Australian

70 Form of deeds in Schedule 2: Sufficiency of

71 Benefit of covenant relating to land

71A Burden of covenants relating to land

71B Fencing provisions

72 Effect of covenant with two or more jointly

73 Effect of advance expressed to be on joint account, &c.

74 Grants of easements by way of use

75 Conveyances to pass all the estate, &c.

75A Conveyance of chambers, flats, &c.

75B Destruction of upper chambers

75C Repair and rebuilding of severally-owned buildings

75CA Irregular boundary with highway

Division 2 - Plans for vesting fee simple in buildings erected over

or partly over rivulets vested in Hobart City Council

75CB Interpretation

75CC Application of Division

75CD Vesting by plans of buildings over or partly over rivulets

75CE Lodging and registration of plans

75CF Provisions consequential on registration of plans

75CG Amendment of building title plans

75CH Effect of folio of Register

75CI Regulations

PART XIA -

. . . . . . . .

75D Section 75D

75E Section 75E

75F Section 75F

75G Section 75G

75H Section 75H

75J Section 75J

75K Section 75K

75L Section 75L

75M Section 75M

75N Section 75N

75NA Section 75NA

75P Section 75P

75PA Section 75PA

75Q Section 75Q

75R Section 75R

75S Section 75S

75T Section 75T

75U Section 75U

75V Section 75V

75W Section 75W

75X Section 75X

75Y Section 75Y

75Z Section 75Z

75ZA Section 75ZA

75ZB Section 75ZB

75ZBA Section 75ZBA

75ZC Section 75ZC

PART XII - Powers

76 Release of, or contract not to exercise, powers

77 Disclaimer of power

78 Mode of execution of power

PART XIII - Executory Limitations: Contingent Interests: Reversions

79 Executory limitations: Restriction of

80 Contingent and certain other interests made alienable by deed:

81 Cases in which contingent remainders capable of taking effect as if

82 When reversion on lease fails next estate to become reversion

PART XIV - Long Terms

83 Enlargement of residue of long term into fee simple

PART XV - Adoption of Act

84 Protection of Australian legal practitioner and trustees adopting this

PART XVA - Determination and Variation of Certain Interests Affecting

the User of Land

84A Interpretation of Part XVA

84B Determination of existence, &c., of overriding interests

84C Discharge or modification of overriding interests

84D Vesting of blocks subject to rights of way

84E Applications for orders

84F Determination of applications by Recorder

84G Determination of applications by Supreme Court

84H Supplementary provisions as to applications for orders

84J Statutory rights of user

84K Registration of orders

PART XVB - Partition of Chattels

84L Power of Court to order partition, &c., of chattels

PART XVI - Miscellaneous

85 Regulations respecting notice

86 Legal assignments of things in action

87 Fraudulent concealment and falsification actionable

88 Application of certain provisions of Inheritance Act 1833

89 Dower and tenancy by curtesy

90 Covenants to be implied by use of certain forms of words

90A Easements in gross and easements and restrictions appurtenant to

90AB Covenants in gross

90B Subdivision of land

90C Subdivision of building

90D Section 90D

90DA Determination or variation of leases, incumbrances, &c.

90E Insurance money from burnt building may be laid out on rebuilding

91 Application of certain provisions of this Act to land under the

91A Right of remainderman or reversioner to take action for possession

91B Regulations

91C Prescribed fees

91D Validation

PART XVII - Court: Procedure: Orders

92 Payment into Court

93 Orders of Court conclusive

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