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PROPERTY LAW ACT 1958


TABLE OF PROVISIONS

           Long Title

   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 made punishable  

   PART II--THE GENERAL LAW OF PROPERTY AND CONVEYANCING

   18.     Definitions  
   18A.    Land may be assured in fee simple  
   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  
   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  
   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  
   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  
   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  
   154A.   Tenant may remove buildings and fixtures  
   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  
   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  
   171.    Power for Court to settle the beneficial interests of a represented patient  
   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  
   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  
   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

   221.    Application of Part to land  
   222.    Definitions  
   223.    Other forms of severance not affected  
   224.    Security interests not affected  
   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  
   234.    Application for order for accounting  
   234A.   Who are parties to a proceeding?  
   234B.   What can VCAT order?  
   234C.   Jurisdiction  
   234D.   Powers of courts  
   234E.   More appropriate forum  
   234F.   Appeals on questions of law not affected  
   234G.   Supreme Court—limitation of jurisdiction  
   234H.   Regulations  
   234I.    Transitional provision—Property (Co‑ownership) Act 2005  

   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

   274.    Person wrongfully holding over after the determination of a life to be liable in damages  
           FIRST SCHEDULE
           THIRD SCHEDULE
           FOURTH SCHEDULE
           FIFTH SCHEDULE
           SIXTH SCHEDULE
           SEVENTH SCHEDULE
           EIGHTH SCHEDULE
           NINTH SCHEDULE
           ENDNOTES


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