Victorian Consolidated Legislation

Property Law Act 1958 - SECT 23

Abstract of title to legal estates

23. Abstract of title to legal estates



(1) Where title is shown to a legal estate in land, it shall be deemed not
necessary or proper to include in the abstract of title an instrument relating
only to interests or powers which will be overreached by the conveyance of the
estate to which title is being shown; but nothing in this Division shall
affect the liability of any person to disclose an equitable interest or power
which will not be so overreached, or to furnish an abstract of any instrument
creating or affecting the same.

(2) A legal practitioner delivering an abstract framed in accordance with this
Division shall not incur any liability on account of an omission to include
therein an instrument which, under this section, is to be deemed not necessary
or proper to be included, nor shall any liability be implied by reason of the
inclusion of any such instrument.