Western Australian Consolidated Acts

PROPERTY LAW ACT 1969

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title  
   2.      Commencement  
   4.      Repeals  
   5.      Savings  
   6.      Application of this Act to certain Acts  
   7.      Terms used in this Act  

   PART II -- Deeds and other instruments  

   8.      Construction of expressions used in deeds and other instruments  
   8A.     Other valuation procedures  
   9.      Formalities of deed  
   10.     Execution of instruments by or on behalf of corporations  
   11.     Persons taking who are not parties  
   12.     Description of deeds  
   13.     Conditions and certain covenants not implied  
   14.     Receipt in deed sufficient  
   15.     Receipt in deed or endorsed evidence  
   16.     Construction of supplemental or annexed instrument  

   PART III -- General rules affecting property  

   17.     Tenant for life without impeachment of waste, not to commit equitable waste  
   18.     No merger at law where none in equity  
   19.     Suits for possession of land by mortgagors  
   20.     Assignment of debts and choses in action  
   21.     Stipulations not of the essence of a contract  
   22.     Satisfied terms, whether created out of freehold or leasehold land, to cease  
   23.     Estates tail abolished  
   24.     Creation by deed of freehold in futuro  
   25.     Creation by deed of estate in chattel real  
   26.     Contingent remainders to take effect notwithstanding premature failure of preceding estate  
   27.     Rule in Shelley’s Case abolished  
   28.     Restriction on executory limitations  
   29.     Corporations may hold as joint tenants  
   30.     Receipts for income by married minors  
   31A.    Illegitimates to be included in class references  

   PART IV -- Conveyances and other instruments  

   32.     Lands lie in grant only  
   33.     Conveyances to be by deed  
   34.     Instruments required to be in writing  
   35.     Creation of interests in land by parol  
   36.     Savings in regard to sections 34 and 35  
   37.     Power to dispose of fee simple by deed without words of inheritance  
   38.     No use to result from absence of consideration  
   39.     Limitations may be by direct conveyance without uses  
   40.     No conveyance to have tortious operation  
   41.     General words implied in conveyances  
   42.     All estate clause implied  
   43.     Partial release of land from rent  
   44.     Power to person to convey property to himself etc.  

   PART V -- Covenants  

   45.     Covenants for title implied  
   46.     Construction of implied covenants  
   47.     Benefits of covenants relating to land  
   48.     Burden of covenants relating to land  
   49.     Construction of covenants affecting land  
   50.     Covenants to be joint and several  
   51.     Effect of covenant with 2 or more jointly  
   52.     Covenants and agreements entered into by a person with himself and another or others  

   PART VI -- Mortgages  

   53.     Foreclosure extinguishes right of action for mortgage debt and equity of redemption  
   54.     Realisation of equitable charges by the Court  
   55.     Sale of mortgaged property in action for redemption or foreclosure  
   56.     Restriction on consolidation of mortgages  
   57.     Implied powers of mortgagees  
   58.     Power to appoint receiver in the case of mortgage under the Transfer of Land Act 1893  
   59.     Regulation of exercise of power of sale  
   60.     Conveyance in exercise of power of sale  
   61.     Application of proceeds of sale  
   62.     Provisions as to exercise of power of sale  
   63.     Mortgagee’s receipts, discharges etc.  
   64.     Amount and application of insurance money  
   65.     Appointment, powers, remuneration and duties of receiver  
   66.     Application of money received by receiver  
   67.     Effect of advance on joint account  
   68.     Notice of trusts affecting mortgage money  

   PART VII -- Leases and tenancies  

           Division 1 -- Application of this Part  

   68A.    Limitation  

           Division 1a -- General  

   69.     This Part to apply to leases under the Transfer of Land Act 1893  
   70.     Tenant not prejudiced by assignment before notice  
   71.     Tenancy from year to year not implied  
   72.     Termination of tenancies  
   73.     Waiver of a covenant in a lease, not to operate as general waiver  
   74.     Abolition of interesse termini, and as to reversionary leases and leases for lives  
   75.     Effect of extinguishment of reversion  
   76.     Apportionment of conditions on severance  
   77.     Rent and benefit of lessee’s covenants to run with reversion  
   78.     Obligation of lessor’s covenants to run with reversion  
   79.     Effect of licences granted to lessees  
   80.     Consent to assign or sublet not to be unreasonably withheld  
   81.     Restrictions and relief against forfeiture of leases and under-leases  
   82.     Certain assignments not to be deemed a breach  
   83.     Surrender of head lease to grant new lease not to prejudice under-lease  

           Division 2 -- Options in leases  

   83A.    Interpretation  
   83B.    Construction and application of Division  
   83C.    Breach of certain obligations not to preclude lessee from exercising option in certain circumstances  
   83D.    Court may grant relief from breach of certain obligations  
   83E.    Lease to continue in force until issue decided  

   PART VIII -- Powers of attorney  

   84.     Execution by attorney in his own name  
   85.     Continuance until notice of death or revocation received  
   86.     Irrevocable power of attorney for value  
   87.     Power of attorney made irrevocable for fixed time  
   88.     Application to corporations  

   PART IX -- Voidable dispositions  

   89.     Voluntary conveyances to defraud creditors voidable  
   90.     Voluntary disposition to defraud purchasers voidable  
   91.     Subsequent conveyance not to be evidence of intent to defraud  
   92.     Acquisitions of reversions at an under value  

   PART X -- Powers of appointment  

   93.     Disclaimer etc. of powers  
   94.     Effect of disclaimer etc.  
   95.     Protection of purchasers claiming under certain void appointments  
   96.     Validation of appointments where objects are excluded or take illusory shares  
   97.     Execution of powers not testamentary  
   98.     Application of this Part to existing powers  

   PART XI -- Perpetuities and accumulations  

   99.     Application  
   100.    Terms used in this Part  
   101.    The perpetuity period  
   102.    Capacity to procreate or bear a child  
   103.    Wait and see rule  
   104.    Power of Court to make declaration as to validity of limitations  
   105.    Invalid age contingencies  
   106.    Class gifts  
   107.    Order of applying rules  
   108.    Unborn spouses or de facto partners  
   109.    Dependent limitations  
   110.    Options  
   111.    Application of the rule to possibilities of reverter, rights of entry and resulting trusts  
   112.    Powers of appointment  
   113.    Accumulations of income  
   114.    Rule in Whitby v. Mitchell abolished  
   115.    Superannuation funds etc.  

   PART XII -- Succession  

   118.    Intermediate income of executory or contingent gifts  
   119.    Application of section 120  
   120.    Devolution of property in cases of simultaneous deaths  

   PART XIII -- Easements, encroachments and mistake  

   121.    Easement of light and air only by registered grant or instrument  
   122.    Power of Court to grant special relief in cases of encroachment  
   123.    Relief in cases of mistake as to boundaries or identity of land  
   124.    Recovery of payments made under mistake of law  
   125.    Payments made under mistake of law or fact not always recoverable  

   PART XIV -- Partition of land and division of chattels  

   126.    In action for partition Court may direct land to be sold  
   127.    Proceeds of sale, how applied  
   128.    Costs in partition suits  
   129.    Division of chattels  

   PART XV -- Apportionment  

   130.    Terms used in this Part  
   131.    Income apportionable in respect of time  
   132.    Time when apportioned part payable  
   133.    Recovery of apportioned parts  
   134.    Exceptions and application  

   PART XVI -- Service of notices  

   135.    Mode of service  
           FIRST SCHEDULE
           SECOND SCHEDULE
           THIRD SCHEDULE
           FOURTH SCHEDULE
           Compilation table