Victorian Consolidated Legislation

Property Law Act 1958 - SECT 44

Statutory commencements of title

44. Statutory commencements of title



(1) Thirty years shall be the period of commencement of title which a
purchaser of land may require instead of an earlier title commencing with the
Crown grant; nevertheless earlier title than thirty years may be required in
cases similar to those in which earlier title than forty years might
immediately before the commencement of the Property Law Act 1928 be required.

(2) Under a contract to grant or assign a term of years, whether derived or to
be derived out of freehold or leasehold land, the intended lessee or assign
shall not be entitled to call for the title to the freehold.

(3) Under a contract to sell and assign a term of years derived out of a
leasehold interest in land, the intended assign shall not have the right to
call for the title to the leasehold reversion.

(4) On a contract to grant a lease for a term of years to be derived out of a
leasehold interest, with a leasehold reversion, the intended lessee shall not
have the right to call for the title to that reversion.

(5) Where by reason of any of the last three preceding subsections, an
intending lessee or assign is not entitled to call for the title to the
freehold or to a leasehold reversion, as the case may be, he shall not, where
the contract is made after the commencement of this Act, be deemed to be
affected with notice of any matter or thing of which, if he had contracted
that such title should be furnished, he might have had notice.

(6) A purchaser shall not be deemed to be or ever to have been affected with
notice of any matter or thing of which, if he had investigated the title or
made inquiries in regard to matters prior to the period of commencement of
title fixed by this Act, or by any other Act, or by any rule of law, he might
have had notice, unless he actually makes such investigation or inquiries.

(7) Where a lease, whether made before or after the commencement of this Act,
is made under a power contained in a settlement, will, Act of Parliament or
other instrument, any preliminary contract for or relating to the lease shall
not, for the purpose of the deduction of title to an intended assign, form
part of the title, or evidence of the title, to the lease.

(8) This section, save where otherwise expressly provided, applies to
contracts for sale whether made before or after the commencement of this Act,
and applies to contracts for exchange in like manner as to contracts for sale,
save that it applies only to contracts for exchange made after such
commencement.

(9) This section shall apply only if and so far as a contrary intention is not
expressed in the contract.