Victorian Consolidated Legislation

Property Law Act 1958 - SECT 60

Power to dispose of fee-simple by deed without words of inheritance

60. Power to dispose of fee-simple by deed without words of inheritance



(1) A disposition of freehold land by deed to any person without words of
limitation or any equivalent expression shall pass to the grantee the
fee-simple or other the whole interest which the disposer had power to dispose
of by deed in such land unless a contrary intention appears in the
disposition.

(2) A disposition of freehold land by deed to a grantee to uses without words
of limitation or any equivalent expression shall be construed as if the land
had been expressed to be disposed of to the grantee in fee-simple to the uses
declared.

(3) Under a disposition of freehold land by deed to the use of any person
without words of limitation or any equivalent expression the person in whose
favour the use is declared shall unless a contrary intention appears in the
disposition take the whole estate or interest which under the disposition is
taken by the grantee to uses.

(4) A disposition by deed to a corporation to any use shall operate in the
same way as if the disposition had been made to a natural person to the same
use.

(5) A disposition of freehold land to a corporation sole by his corporate
designation without the word "successors" shall pass to the corporation the
fee-simple or other the whole interest which the disposer had power to dispose
of in such land unless a contrary intention appears in the disposition.

(6) The foregoing provisions of this section shall apply only to conveyances
and deeds executed after the thirty-first day of December One thousand nine
hundred and eighteen:

Provided that in a deed executed after the thirty-first day of January One
thousand nine hundred and five, it shall be sufficient in the limitation of an
estate in fee-simple to use the words "in fee" or "in fee-simple" without the
word "heirs" or to use the words "in tail" or "in tail male" or "in tail
female" without the words "heirs of the body" or "heirs male of the body" or
"heirs female of the body"19.