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CONVEYANCING AND LAW OF PROPERTY ACT 1884
- Act 19 of 1884- Royal Assent 29 October 1883Table of Provisions
PART I - Preliminary
- 1 Short title and commencement
- 2 Interpretation
PART II - Sales and Other Transactions
- 3 Conditions applicable to all contracts ofsale of lands
- 4 Provision byCourt for incumbrances and giving effect tosale freed therefrom
- 5 Constructive notice: Restriction on
- 6 What is included in aconveyance ofland
- 7 Covenants for title implied in certain cases
- 8 Rights ofpurchaser regarding execution
- 9 Acknowledgment of right to production: Undertaking for safe custody of documents
- 9A Revival of easements, &c., on disunity of seisin
PART III - Leases
- 10Rent and benefit of lessee's covenants run with reversion
- 11 Obligation of lessor's covenants runs with reversion
- 11A Provisions as to attornments by tenants
- 12 Apportionment of conditions on severance, &c., of reversion
- 13
- 14
- 15 Restrictions on and relief against forfeiture of leases
- 16 Effect of licences
PART IV - Mortgages
PART V - StatutoryMortgage
PART VI - Satisfied Terms: Trust estates
- 32 Satisfied terms, whether out of freehold or leasehold, to cease
- 33 Protection of trustee, &c.
- 34 Devolution of trusts and powers
PART VIA - Easements
Division 1 - Easements generally
- 34A Short descriptions of easements
- 34B Party walls
- 34C Implication of regrant
Division 2 - Parking easements
- 34D Interpretation
- 34E Nature of parking easement
- 34F Creation of parking easement
- 34G Dominant and servient tenements
- 34H Conditions of parking easement
- 34I Parking easement to run withland
- 34J Variation of parking easement
- 34K Termination of parking easement
- 34L Registration
PART VII - Title:Sale and Purchase
- 35 Commencement of title
- 35A Saving for certain restrictive covenants
- 36 Contracts forsale, &c., ofland to be in writing
- 37 Obligations and rights of vendor andpurchaser
- 38 Tacking and further advances
- 39 Right of vendor orpurchaser to obtain decision of judge as to requisitions, objections, or compensation, &c.
- 40 Voluntary conveyances to defraud creditors voidable
- 41 Voluntary disposition ofland: How far voidable as against purchasers
- 42 Acquisitions of reversions at under value
PART VIII - Married Women
- 43 Power ofCourt to bind interest of married woman
- 44 Power of attorney of married woman
- 45 Restraint on anticipation abolished
PART IX - Infants
- 46 Management ofland and receipt and application ofincome during minority
- 47 Application by trustees ofincome ofproperty of infant for maintenance, &c.
- 48 Power of guardians of minors to surrender and renew leases by order ofCourt
- 49 Infants empowered to grant renewals of leases
- 50 Power ofCourt to authorize lease when for benefit of estate
- 51 When persons to renew are out of the jurisdiction
- 52 Fines to be paid before renewal executed
- 53 Application of premiums
- 54 Power ofCourt to order dividends to be applied for maintenance, &c.
- 55 Power ofCourt to direct that costs be paid from lands or from dividends, &c.
PART X -Rent-Charges and Other Annual Sums: Judgments
- 56 Remedies for recovery of annual sums charged onland
- 57 Release of part ofland not an extinguishment of wholerent-charge
- 58 Release of part ofland not to affect judgment as to residue
PART XI - Construction and Effect of Deeds and Other Instruments
Division 1 - Deeds and other instruments, including conveyances of chambers
- 59Land and interests therein lie in grant only
- 60 Conveyances to be by deed
- 61 Conditions and covenants: In what cases not implied, &c.
- 62Conveyance by person to himself: Bodies corporate, joint tenancies
- 63 Execution and attestation of deeds
- 63A
- 64 Construction of "month", "person", and the singular and the masculine in deeds and other instruments
- 65 Words of limitation in tail
- 66 Construction of supplemental or annexed deed
- 67 Receipt in deed sufficient
- 68 Receipt in deed or endorsed, evidence for subsequentpurchaser
- 69 Receipt in deed or endorsed, authority for payment to Australian legal practitioner
- 70 Form of deeds in Schedule 2: Sufficiency of
- 71 Benefit of covenant relating toland
- 71A Burden of covenants relating toland
- 71B Fencing provisions
- 72 Effect of covenant with two or more jointly
- 73 Effect of advance expressed to be on joint account, &c.
- 74 Grants of easements by way of use
- 75 Conveyances to pass all the estate, &c.
- 75AConveyance of chambers, flats, &c.
- 75B Destruction of upper chambers
- 75C Repair and rebuilding of severally-owned buildings
- 75CA Irregular boundary with highway
Division 2 - Plans for vesting fee simple in buildings erected over or partly over rivulets vested in Hobart City Council
- 75CB Interpretation
- 75CC Application of Division
- 75CD Vesting by plans of buildings over or partly over rivulets
- 75CE Lodging and registration of plans
- 75CF Provisions consequential on registration of plans
- 75CG Amendment of building title plans
- 75CH Effect of folio ofRegister
- 75CI Regulations
PART XIA - . . . . . . . .
PART XII - Powers
- 76 Release of, or contract not to exercise, powers
- 77 Disclaimer of power
- 78 Mode of execution of power
PART XIII - Executory Limitations: Contingent Interests: Reversions
- 79 Executory limitations: Restriction of
- 80 Contingent and certain other interests made alienable by deed: Protection against failure of reversion
- 81 Cases in which contingent remainders capable of taking effect as if originally springing or shifting uses, &c.
- 82 When reversion on lease fails next estate to become reversion
PART XIV - Long Terms
- 83 Enlargement of residue of long term into fee simple
PART XV - Adoption of Act
- 84 Protection of Australian legal practitioner and trustees adopting this Act
PART XVA - Determination and Variation of Certain Interests Affecting the User ofLand
- 84A Interpretation of Part XVA
- 84B Determination of existence, &c., of overriding interests
- 84C Discharge or modification of overriding interests
- 84D Vesting of blocks subject to rights of way
- 84E Applications for orders
- 84F Determination of applications by Recorder
- 84G Determination of applications by SupremeCourt
- 84H Supplementary provisions as to applications for orders
- 84J Statutory rights of user
- 84K Registration of orders
PART XVB - Partition of Chattels
- 84L Power ofCourt to order partition, &c., of chattels
PART XVI - Miscellaneous
- 85 Regulations respecting notice
- 86 Legal assignments of things in action
- 87 Fraudulent concealment and falsification actionable
- 88 Application of certain provisions of Inheritance Act 1833
- 89 Dower and tenancy by curtesy
- 90 Covenants to be implied by use of certain forms of words
- 90A Easements in gross and easements and restrictions appurtenant to easements
- 90AB Covenants in gross
- 90B Subdivision ofland
- 90C Subdivision of building
- 90D
- 90DA Determination or variation of leases, incumbrances, &c.
- 90E Insurance money from burnt building may be laid out on rebuilding
- 91 Application of certain provisions of this Act toland under theLand Titles Act 1980
- 91A Right of remainderman or reversioner to take action forpossession in certain circumstances
- 91B Regulations
- 91C Prescribed fees
- 91D Validation
PART XVII -Court: Procedure: Orders
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