CONVEYANCING AND LAW OF PROPERTY ACT 1884
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
therefrom
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
of documents
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
requisitions, objections, or compensation, &c.
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
minority
47. Application by trustees of income of property of infant for
maintenance, &c.
48. Power of guardians of minors to surrender and renew leases by order
of Court
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,
&c.
55. Power of Court to direct that costs be paid from lands or from
dividends, &c.
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
in deeds and other instruments
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
legal practitioner
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:
Protection against failure of reversion
81. Cases in which contingent remainders capable of taking effect as if
originally springing or shifting uses, &c.
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
Act
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
easements
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
Land Titles Act 1980
91A. Right of remainderman or reversioner to take action for possession
in certain circumstances
91B. Regulations
91C. Prescribed fees
91D. Validation
PART XVII - Court: Procedure: Orders
92. Payment into Court
93. Orders of Court conclusive
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
SCHEDULE 7
SCHEDULE 8
SCHEDULE 9
[ Note: This table has been automatically generated and may be incomplete. ]