Victorian Consolidated Legislation

Property Law Act 1958 - SECT 19A

Interests in land under the Statute of Uses

19A. Interests in land under the Statute of Uses



(1) Interests in land which under the Statute of Uses could before the
commencement of this section have been created as legal interests shall after
the commencement of this section be capable of being created as equitable
interests.

(2) Notwithstanding subsection (1) an equitable interest in land shall after
the commencement of this section only be capable of being validly created in
any case in which an equivalent equitable interest in property real or
personal could have been validly created before such commencement.

(3) In a voluntary conveyance executed after the commencement of this section,
a resulting trust for the grantor shall not be implied merely by reason that
the property is not expressed to be conveyed for the use or benefit of the
grantee.

(4) Subsection (3) does not limit or affect the operation of any principle or
rule of equity relating to the implication of resulting trusts.