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PROPERTY LAW ACT 1958

Table of Provisions

  • 1 Short title and commencement  
  • 2 Repeals and savings  
  • 3 Definitions  

PART I--REGISTRATION OF CONVEYANCES ETC. AFFECTING LAND OTHER THAN LAND UNDER THE TRANSFER OF LAND ACT. DEPOSIT OF DOCUMENTS[2]

  • 5 Registrar-General  
  • 6 Registration of deeds, conveyances etc.  
  • 13 Fees to be paid on registration  
  • 15 Deeds etc. may be deposited with Registrar-General  
  • 15A Deposited documents  
  • 15B Court may order deposit of documents  
  • 15C Person may direct document to be deposited  
  • 15D Deposit of document without instructions  
  • 16 Deeds etc. deposited may be inspected etc.  
  • 17 False oaths and affirmations made punishable  

PART II--THE GENERAL LAW OF PROPERTY AND CONVEYANCING

  • 18 Definitions  
  • 18A Land may be assured in fee simple  

Division 1--General principles

  • 19A Interests in land under the Statute of Uses  
  • 19 Power to dispose of all rights and interests in land  
  • 20 Satisfied terms, whether created out of freehold or leasehold land, to cease  
  • 21 Husband and wife to be counted as two persons  
  • 22 Vesting orders etc. of legal estates operating as conveyances  
  • 23 Abstract of title to legal estates  
  • 24 Effect of possession of documents  
  • 25 Interests of persons in possession  
  • 26 Presumption that parties are of full age  
  • 27 Alien friends may hold etc. real and personal property  
  • 28 Power for corporations to hold property as joint tenants  
  • 28A Liability of co-owner to account  
  • 28B Certain contracts with minors to be valid  
  • 29 Receipts by married minors  
  • 30 Conveyances on behalf of patients  
  • 31 Duration of trusts for sale  
  • 32 Power to postpone sale  
  • 33 Consents to the execution of a trust for sale  
  • 34 Purchaser not to be concerned with the trusts of proceeds of sale  
  • 35 Powers conferred on trustees for sale  
  • 36 Delegation of powers of management by trustees for sale[15]  
  • 37 Powers of Court where trustees for sale refuse to exercise powers  
  • 38 Trust for sale of mortgaged property where right of redemption is barred  
  • 39 Implied trust for sale in personalty settlements  
  • 40 Application of this Division to personal representatives  

Division 2--Contracts, conveyances and other instruments

  • 41 Stipulations in a contract  
  • 42 Provisions as to contracts  
  • 43 Application of section 42  
  • 44 Statutory commencements of title  
  • 45 Other statutory conditions of sale  
  • 46 Adoption of conditions of sale in Third Schedule  
  • 48 Stipulations preventing a purchaser etc. from employing own legal practitioner to be void  
  • 49 Applications to the Court by vendor and purchaser  
  • 50 Discharge of incumbrances by the Court on sales or exchanges  
  • 51 Lands lie in grant only  
  • 52 Conveyances to be by deed  
  • 53 Instruments required to be in writing  
  • 54 Creation of interests in land by parol  
  • 55 Savings in regard to sections 53 and 54  
  • 56 Persons not named as parties may take interest in land etc.  
  • 57 Description of deeds  
  • 58 Provisions as to supplemental instruments  
  • 59 Conditions and certain covenants not implied  
  • 60 Power to dispose of fee-simple by deed without words of inheritance  
  • 61 Definitions of expressions used in deeds and other instruments  
  • 61A Construction of references to repealed Acts  
  • 62 General words implied in conveyances[20]  
  • 63 All estate clause implied  
  • 64 Production and safe custody of documents  
  • 65 Reservation of legal estates  
  • 66 Confirmation of past transactions  
  • 67 Receipt in deed sufficient  
  • 68 Receipt in deed or indorsed evidence  
  • 69 Receipt in deed or indorsed authority for payment to legal practitioner[21]  
  • 70 Partial release of security from rentcharge  
  • 71 Release of part of land affected from a judgment  
  • 72 Conveyances by a person to himself etc.  
  • 73 Execution of deeds by an individual  
  • 73A Sealing of deeds  
  • 73B Abrogation of rule that authority to agent to deliver must be under seal  
  • 74 Execution of instruments by or on behalf of corporations  
  • 75 Rights of purchaser as to execution  
  • 76 Covenants for title  
  • 77 Implied covenants in conveyances subject to rents  
  • 78 Benefits of covenants relating to land  
  • 79 Burden of covenants relating to land  
  • 79A Construction of covenants affecting land  
  • 80 Covenants binding land  
  • 81 Effect of covenant with two or more jointly  
  • 82 Where one or more persons enter into covenants etc.  
  • 83 Construction of implied covenants  
  • 84 Power for Court to modify etc. restrictive covenants affecting land  
  • 85 Defendant may apply for order  

Division 3--Mortgages and rentcharges

  • 86 Mortgages under Transfer of Land Act 1958 generally excepted  
  • 87 Foreclosure extinguishes right of action for mortgage debt etc.  
  • 88 Effect of conveyance on sale by mortgagee by sub‑demise  
  • 89 When section 88 takes effect  
  • 90 Realization of equitable charges by the Court  
  • 91 Sale of mortgaged property in action for redemption or foreclosure  
  • 92 Power to authorize land and minerals to be dealt with separately  
  • 93 Restriction on consolidation of mortgages  
  • 94 Tacking and further advances  
  • 95 Obligation to transfer instead of re-conveying  
  • 96 Mortgagor entitled to inspection and copies of documents relating to mortgaged property  
  • 97 Delivery of documents on extinguishment of mortgage  
  • 98 Actions for possession by mortgagors  
  • 99 Leasing powers of mortgagor and mortgagee in possession  
  • 100 Powers of mortgagor and mortgagee in possession to accept surrenders of leases  
  • 101 Powers incident to estate or interest of mortgagee  
  • 102 Power to appoint receiver in the case of mortgage under the Transfer of Land Act 1958  
  • 103 Regulation of exercise of power of sale  
  • 104 Conveyance on sale  
  • 105 Application of proceeds of sale  
  • 106 Provisions as to exercise of power of sale  
  • 107 Mortgagee's receipts, discharges etc.  
  • 108 Amount and application of insurance money  
  • 109 Appointments, powers, remuneration and duties of receiver  
  • 110 Application of insurance money by receiver  
  • 111 Effect of bankruptcy of the mortgagor on the power to sell or appoint a receiver  
  • 112 Effect of advance on joint account  
  • 113 Notice of trusts affecting mortgage debts  
  • 114 Transfers of mortgages  
  • 115 Re-conveyances of mortgages by indorsed receipts under seal[27]  
  • 116 Cesser of mortgage terms  
  • 117 Forms of statutory legal charges  
  • 118 Forms of statutory transfers of mortgages  
  • 119 Effect of statutory transfer  
  • 120 Effect of covenantor joining in deed of transfer  
  • 121 Statutory transfer and mortgage combined  
  • 122 Application to statutory transfers under former Acts  
  • 123 Implied covenants, joint and several  
  • 124 Form of discharge of statutory mortgage or charge  
  • 125 Remedies for the recovery of annual sums charged on land  
  • 126 Rule against perpetuities not to apply to powers etc. under section 125  
  • 127 Creation of rentcharges charged on another rentcharge  
  • 128 Power in section 127 to be substituted for remedies in section 125  
  • 129 Application of sections 127 and 128  

Division 4--Effect of certain limitations[30]

  • 130 Abolition of the Rule in Shelley's case  
  • 132 Restriction on executory limitations  
  • 132A Voluntary waste  
  • 133 Equitable waste  
  • 134 Legal assignments of things in action  
  • 135 Limitation in the case of certain assignments  

Division 5--Leases and tenancies

  • 136 Division to apply to leases under Transfer of Land Act 1958  
  • 137 Lessor or lessee may obtain decision of Court as to claims for damages etc.  
  • 138 Tenant not to be prejudiced without notice  
  • 139 Effect of extinguishment or reversion  
  • 140 Apportionment of conditions on severance  
  • 141 Rent and benefit of lessee's covenants to run with the reversion  
  • 142 Obligation of lessor's covenants to run with reversion  
  • 143 Effect of licences granted to lessees  
  • 144 No fine to be exacted for licence to assign  
  • 145 Lessee to give notice of ejectment to lessor  
  • 146 Restrictions and relief against forfeiture of leases and under-leases  
  • 147 Relief against notice to effect decorative repairs  
  • 148 Waiver of a covenant in a lease  
  • 149 Abolition of interesse termini, and as to reversionary leases and leases for lives  
  • 150 Surrender of a lease without prejudice to under‑leases with a view to the grant of a new lease  
  • 151 Attornments by tenants  
  • 152 Leases invalidated by reason of non-compliance with terms of powers under which they are granted  
  • 153 Enlargement of residue of long terms into fee-simple estates  
  • 154 Application of this Division to existing leases  

Division 5A--Removal of buildings and fixtures

  • 154A Tenant may remove buildings and fixtures  

Division 6--Powers

  • 155 Disclaimer of powers  
  • 156 Effect of disclaimer etc.  
  • 157 Protection of purchasers claiming under certain void appointments  
  • 158 Validation of appointments where objects are excluded or take illusory shares  
  • 159 Execution of powers not testamentary  
  • 160 Application of this Division to existing powers  
  • 163 Construction of certain dispositions by will to charities  

Division 8--Married women

  • 167 Abolition of separate examination of, acknowledgment by married women, and of concurrence of husband  
  • 168 Disclaimer by married woman  
  • 169 Power for Court to bind interest of married woman  
  • 170 Acquisitions and dispositions of trust estates by married women  

Division 8A--Persons who are mentally ill

  • 171 Power for Court to settle the beneficial interests of a represented patient  

Division 9--Voidable dispositions

  • 172 Voluntary conveyances to defraud creditors  
  • 173 Voluntary disposition with intent to defraud  
  • 174 Subsequent conveyance not to be evidence of intent to defraud  
  • 175 Acquisitions of reversions at an under value  

Division 10--Miscellaneous

  • 176 Corporations sole  
  • 177 Provision for vacancy  
  • 178 Transactions  
  • 179 Dissolution of a corporation  
  • 180 Protection of legal practitioner and trustees adopting this Part  
  • 181 Further powers etc. admissible  
  • 182 Protection of trustees etc.  
  • 183 Fraudulent concealment of documents and falsification of pedigrees  
  • 184 Presumption of survivorship in regard to claims to property  
  • 185 Merger  
  • 186 Rights of pre-emption capable of release  
  • 187 Power to direct division of chattels  
  • 187A Transitional provision—Property (Co‑ownership) Act 2005  
  • 188 Indemnities against rents  
  • 189 Enforcement of covenants etc. relating to indemnity against rent  
  • 190 Equitable apportionment of rents and remedies for non‑payment or breach of covenant  
  • 191 Contingent remainders protected against the premature failure of a preceding estate  
  • 192 Cases in which contingent remainders capable of taking effect  
  • 193 Provision for cases of future and contingent uses  
  • 194 Grants of easements etc. by way of use  
  • 195 Right not deemed to exist by reason only of enjoyment or presumption of lost grant  
  • 196 Grant of easement not to be presumed from evidence only of user etc.  
  • 197 Certain rights of road made appurtenant  
  • 198 Regulations respecting notices  
  • 199 Restrictions on constructive notice  
  • 200 Notice of restrictive covenants and easements  

Division 11--Jurisdiction and general provisions

  • 201 Provisions of Act to apply to incorporeal hereditaments  
  • 202 Payment into Court  
  • 205 Orders of Court conclusive  
  • 206 Forms of deeds  
  • 207 Application to the Crown  

PART III--REAL ESTATES LIABLE FOR DEBTS. EFFECT OF JUDGMENTS. LIS PENDENS AND EXECUTION. PROTECTION OF PURCHASERS ETC. AGAINST JUDGMENTS ETC. LANDS ETC. OF ACCOUNTANTS TO CROWN

  • 208 Lands etc. liable to satisfy debts  
  • 209 Executions in order to bind land to be registered  
  • 210 Executions after five years to be re-registered  
  • 211 Provision for re-registration explained  
  • 212 Executions as between parties not to be affected  
  • 213 Purchasers not to be affected by any lis pendens unless suit duly registered  
  • 214 Recognisances entered into not to affect purchasers unless duly registered as directed by this Act  
  • 215 Crown to re-register  
  • 216 Quietus to debtors or accountants to the Crown to be registered  
  • 217 Discharge of the estates of debtors or accountants to the Crown  
  • 218 Discharge of part of the estate of a debtor or accountant to the Crown not to affect claim of the Crown on other lands liable  
  • 219 Execution by fieri facias etc.  
  • 220 Sheriff may execute debtor's powers  

PART IV--CO-OWNED LAND AND GOODS

Division 1--Preliminary

  • 221 Application of Part to land  
  • 222 Definitions  
  • 223 Other forms of severance not affected  
  • 224 Security interests not affected  

Division 2--Sale and division

  • 225 Application for order for sale or division of co‑owned land or goods  
  • 226 Who are parties to a proceeding?  
  • 227 Adjournment of hearings—spouses or domestic partners  
  • 228 What can VCAT order?  
  • 229 Sale and division of proceeds to be preferred  
  • 230 Order varying entitlements to land or goods  
  • 231 VCAT may order appointment of trustees  
  • 232 Other matters in VCAT orders  
  • 233 Orders as to compensation and accounting  

Division 3--Accounting

  • 234 Application for order for accounting  
  • 234A Who are parties to a proceeding?  
  • 234B What can VCAT order?  

Division 4--Jurisdiction

  • 234C Jurisdiction  
  • 234D Powers of courts  
  • 234E More appropriate forum  
  • 234F Appeals on questions of law not affected  
  • 234G Supreme Court—limitation of jurisdiction  

Division 5--General

PART V--INHERITANCE[48]

  • 235 Definitions  
  • 236 Last owner to be considered purchaser  
  • 237 Heir entitled under will acquires land by devise and assurance creates estate by purchase  
  • 238 When heirs take by purchase under limitations to the heirs or their ancestor  
  • 239 Brothers or sisters shall trace descent through parent  
  • 240 Lineal ancestor may be heir in preference to collateral persons claiming through him  
  • 241 The male line to be preferred  
  • 242 The mother of more remote male ancestor to be preferred to the mother of the less remote male ancestor  
  • 243 Failure of male maternal ancestor  
  • 244 Half blood if on the part of a male ancestor to inherit after the whole blood of the same degree if on the part of a female ancestor after her  
  • 245 After the death of a person attainted his descendants may inherit  
  • 246 Extent of Part  
  • 247 Limitations made before the passing of the Real Property Statute 1864  

PART VI--ESTATES TAIL[49]

  • 248 Definitions  
  • 249 Tenancies in tail to pass the fee-simple  
  • 250 Where successive life estates are given to parent and child with estate tail to grandchild parent and child may bar the entail as if the estate tail were given to the child  
  • 251 Power to tenants in tail in possession to dispose of land by specific devise or bequest  
  • 252 Power to dispose of lands entailed saving the rights of certain persons  
  • 253 Acknowledgments of deeds  
  • 254 Certificate to be evidence of acknowledgment  
  • 255 Extent of the estate created by a tenant in tail by way of mortgage or for any other limited purpose  
  • 256 A voidable estate by a tenant in tail in favour of a purchaser  
  • 257 Tenant in tail to make a disposition by deed as if seised in fee but not by contract  
  • 258 Assurance by a tenant in tail to be inoperative unless acknowledged  
  • 259 Equity excluded from giving any effect to dispositions by tenants in tail which in courts of law would not be effectual  
  • 260 Trustee in bankruptcy in the case of the bankruptcy of a tenant in tail by deed to dispose of the land of the bankrupt to a purchaser  
  • 261 A voidable estate created in favour of a purchaser by a tenant in tail becoming bankrupt confirmed by the disposition of the trustee  
  • 262 Acts of a bankrupt tenant in tail void against any disposition under this Act by the trustee  
  • 263 The disposition by the trustee of the land of a bankrupt tenant in tail to have operation in the event of his death  
  • 264 A bankrupt tenant in tail to retain his powers of disposition  
  • 265 Trustee to recover rents of the lands of a bankrupt of which the trustee has power to make disposition  
  • 266 Application of previous clauses to lands to be sold where the purchase money is subject to be invested in the purchase of lands to be entailed  

PART VII--SURVEY BOUNDARIES

  • 267 Definition  
  • 268 Crown survey boundaries as marked on the ground to be deemed the true boundaries  
  • 269 Crown grant or lease to be deemed to convey the land within the survey boundaries  
  • 270 As to aliquot parts of Crown sections having excess of area  
  • 271 How Crown survey boundaries may be proved in the absence of survey marks  
  • 272 Margin of error allowed in description of boundaries  
  • 273 Provisions of Part to apply to land under general law and Transfer of Land Act 1958  

PART VIII--RECOVERY OF PROPERTY ETC. ON DETERMINATION OF A LIFE OR LIVES

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