PROPERTY LAW ACT 1969
Table of Provisions
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
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
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 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