PROPERTY LAW ACT 1958

Victorian Consolidated Legislation

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PROPERTY LAW ACT 1958

No. 6344 of 1958
Version incorporating amendments as at 10 May 2007

TABLE OF PROVISIONS

Section Page
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

4. Repealed
5. Registrar-General
6. Registration of deeds, conveyances etc.
7-12. Repealed
13. Fees to be paid on registration
14. Repealed
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 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
Subdivision 1-Miscellaneous

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
Subdivision 2-Dispositions on trust for sale
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
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
Contracts

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 47. Repealed
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
Conveyances and other Instruments
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
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
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
Covenants
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
Mortgages

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
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
Rentcharges
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
Legal Assignments of Things in Action etc.

130. Abolition of the Rule in Shelley's case
131. Repealed
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 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

Division 7-Repealed
Perpetuities

161, 162. Repealed
Charitable Dispositions by Will
163. Construction of certain dispositions by will to charities
Accumulations
164-166. Repealed

Division 8-Married women
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
Corporations

176. Corporations sole
177. Provision for vacancy
178. Transactions
179. Dissolution of a corporation
General
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
Redemption and Apportionment of Rents &c.
190. Equitable apportionment of rents and remedies for non-payment or breach of covenant
Contingent Remainders and Uses
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
Easements
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
Notices
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
203, 204. Repealed
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

234H. Regulations
234I. Transitional provision-Property (Co-ownership) Act
2005.
PART V-INHERITANCE

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

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

274. Person wrongfully holding over after the determination of a life to be liable in damages

PART IX-PROPERTY OF DOMESTIC PARTNERS

Division 1-Preliminary

275. Definitions
276. Application and transitional
277. Other rights of domestic partners not affected by this Part 278. Declaration of interests in property

Division 2-Orders for adjustment of property interests

279. Application for orders under this Division
280. Conditions for making of order-living within State etc.
281. Conditions for making of order-length of relationship etc.
282. Time limit for making applications
283. Relevant facts and circumstances
284. Duty of court to end financial relationships
285. Order for adjustment
286. Adjournment of application-likelihood of significant change in circumstances
287. Adjournment of application-proceedings in the Family Court
288. Deferment of order
289. Effect of death of party on application
290. Effect of death of party on order

Division 3-General

291. Powers of a court
292. Execution of instruments by order of a court
293. Orders and injunctions in the absence of a party
294. Variation and setting aside of orders
295. Transactions to defeat claims
296. Interests of other parties

Division 4-Jurisdiction

297. Courts having jurisdiction under this Part 298. Transfer of proceedings
299. Suspension and transfer of proceedings
300. Courts to act in aid of each other

Division 5-Miscellaneous

301. Enforcement of other orders etc.
302. Regulations
__________________
SCHEDULE 1-Repeals
SCHEDULE 2-Repealed
SCHEDULE 3-General Conditions of Sale of Land
SCHEDULE 4-Implied Covenants
SCHEDULE 5-Form of Transfer of Mortgage
SCHEDULE 6-Form of Receipt Under Seal on Discharge of
a Mortgage
SCHEDULE 7-Statutory Mortgage
SCHEDULE 8-Short Forms of Deeds
SCHEDULE 9.
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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