PROPERTY LAW ACT 1974 - As at 20 June 2017 - Act 76 of 1974

Table of Provisions

Long Title

PART 1 - PRELIMINARY

1 Short title

2 Act binds Crown

3 Dictionary

4 Act not to be taken to confer right to register restrictive covenant

5 Application of Act

6 Savings in regard to ss 10–12 and 59

PART 2 - GENERAL RULES AFFECTING PROPERTY

7 Effect of repeal of Statute of Uses

8 Lands lie in grant only

9 Reservation of easements etc. in conveyances of land

10 Assurances of land to be in writing

11 Instruments required to be in writing

12 Creation of interests in land by parol

13 Persons taking who are not parties

14 Conveyances by a person to the person etc.

15 Rights of husband and wife

15A Rights of aliens

16 Presumption that parties are of full age

17 Merger

18 Restrictions on operation of conditions of forfeiture

PART 3 - FREEHOLD ESTATES

19 Freehold estates capable of creation

20 Incidents of tenure on grant in fee simple

21 Alienation in fee simple

22 Abolition of estates tail

23 Abolition of quasi-entails

24 Liability of life tenant for voluntary waste

25 Equitable waste

26 Recovery of property on determination of a life or lives

27 Penalty for holding over by life tenant

28 Abolition of the rule in Shelley’s Case

29 Words of limitation

PART 4 - FUTURE INTERESTS

30 Creation of future interests in land

31 Power to dispose of all rights and interests in land

32 Restriction on executory limitations

PART 5 - CONCURRENT INTEREST—CO-OWNERSHIP

Division 1 - General rules

33 Forms of co-ownership

34 Power for corporations to hold property as joint tenants

35 Construction of dispositions of property to 2 or more persons together

36 Tenants in common of equitable estate acquiring the legal estate

Division 2 - Statutory trusts, sale and division

37 Definitions for div 2

37A Property held on statutory trust for sale

37B Property held on statutory trust for partition

38 Statutory trusts for sale or partition of property held in co-ownership

39 Trustee on statutory trusts for sale or partition to consult persons interested

40 Right of co-owners to bid at sale under statutory power of sale

41 Sale or division of chattels

42 Powers of the court

43 Liability of co-owner to account

PART 6 - DEEDS, COVENANTS, INSTRUMENTS AND CONTRACTS

Division 1 - Deeds and covenants

44 Description and form of deeds

45 Formalities of deeds executed by individuals

46 Execution of instruments by or on behalf of corporations

47 Delivery of deeds

48 Construction of expressions used in deeds and other instruments

49 Implied covenants may be negatived

50 Covenants and agreements entered into by a person with himself or herself and another or others

51 Receipt in instrument sufficient

52 Receipt in instrument or endorsed evidence

53 Benefit and burden of covenants relating to land

Division 2 - General rules affecting contracts

54 Effect of joint contracts and liabilities

55 Contracts for the benefit of third parties

56 Guarantees to be in writing

57 Effect of provisions as to conclusiveness of certificates etc.

57A Effect of Act or statutory instrument

58 Insurance money from burnt building

Division 3 - Sales of land

58A Definitions for div 3

58B Meaning of settlement of a sale of land in an e-conveyance

59 Contracts for sale etc. of land to be in writing

60 Sales of land by auction

61 Conditions of sale of land

62 Stipulations not of the essence of the contract

63 Application of insurance money on completion of a sale or exchange

64 Right to rescind on destruction of or damage to dwelling house

65 Rights of purchaser as to execution

66 Receipt in instrument or endorsed authority for payment

67 Restriction on vendor’s right to rescind on purchaser’s objection

67A When statutory rights of termination end for land sales if e-conveyancing is used

68 Damages for breach of contract to sell land

68A Forfeiture of deposit on purchaser’s default

69 Rights of purchaser where vendor’s title defective

70 Applications to court by vendor and purchaser

70A Computers inoperative on day for completion

Division 4 - Instalment sales of land

71 Definitions for div 4

71A Application of div 4

72 Restriction on vendor’s right to rescind

73 Land not to be mortgaged by vendor

74 Right of purchaser to lodge caveat

75 Right to require conveyance

76 Deposit of title deed and conveyance

PART 7 - MORTGAGES

77 Definitions for pt 7

77A Application of pt 7

78 Implied obligations in mortgages

79 Variation of mortgage

80 Inspection and production of instruments

81 Actions for possession by mortgagors

82 Tacking and further advances

83 Powers incident to estate or interest of mortgagee

84 Regulation of exercise of power of sale

85 Duty of mortgagee or receiver as to sale price

86 Effect of conveyance on sale

87 Protection of purchasers

88 Application of proceeds of sale

89 Provisions as to exercise of power of sale

90 Mortgagee’s receipts discharges etc.

91 Amount and application of insurance money

92 Appointment, powers, remuneration and duties of receiver

93 Effect of advance on joint account

94 Obligation to transfer instead of discharging mortgage

95 Relief against provision for acceleration of payment

96 Mortgagee accepting interest on overdue mortgage not to call up without notice

97 Interest of mortgagor not seizable on judgment for mortgage debt

98 Abolition of consolidation of mortgages

99 Sale of mortgaged property in action for redemption or foreclosure

100 Realisation of equitable charges by the court

101 Facilitation of redemption in case of absent or unknown mortgagees

PART 8 - LEASES AND TENANCIES

Division 1 - Rights, powers and obligations

102 Abolition of interesse termini as to reversionary leases and leases for lives

104 Voluntary waste

105 Obligations of lessees

106 Obligations in short leases

107 Powers in lessor

109 Short forms of covenants and obligations of lessees

110 Cases in which statutory obligations or powers not implied

111 Lessee to give notice of ejectment to the lessor

112 Provisions as to covenants to repair

Division 2 - Surrenders, assignments and waiver

113 Head leases may be renewed without surrendering under-leases

114 Provision as to attornments by tenants

115 When reversion on a lease is surrendered etc. the next estate to be deemed the reversion

116 Apportionment of conditions on severance

117 Rent and benefit of lessee’s covenants to run with the reversion

118 Obligation of lessor’s covenants to run with reversion

119 Waiver of a covenant in a lease

120 Effect of licences granted to lessees

121 Provisions as to covenants not to assign etc. without licence or consent

122 Involuntary assignment no breach of covenant

Division 3 - Relief from forfeiture

123 Definitions for div 3

123A Application of div 3

124 Restriction on and relief against forfeiture

125 Power of court to protect under-lessee on forfeiture of superior leases

126 Costs and expenses

127 Relief against notice to effect decorative repairs

128 Relief against loss of lessee’s option

Division 4 - Termination of tenancies

129 Abolition of yearly tenancies arising by implication of law

130 Notice of termination of tenancy

131 Form and contents of notice

132 Manner of giving notice

133 Notice to terminate weekly tenancy

134 Notice to terminate monthly tenancy

135 Notice to terminate yearly tenancy

136 Notice to terminate other periodic tenancy

137 Notice to terminate other tenancies

138 Tenants and other persons holding over to pay double the yearly value

139 Tenant holding over after giving notice to be liable for double rent

Division 5 - Summary recovery of possession

140 Definitions for div 5

141 Summary proceedings for recovery of possession

142 Mode of proceeding

143 Contents of complaint

144 Summons upon complaint for recovery of possession of land

145 Hearing and determination

146 Warrant for possession

147 Arrears of rent etc.

148 Rehearing where proof made by affidavit

149 Court’s powers in proceeding under this division

150 Protection of justices etc.

151 Protection of landlord entitled to possession

152 Persons lacking right to possession not protected

Division 6 - Agricultural holdings

153 Definitions for div 6

154 Application of div 6

155 Tenant’s property in fixtures

156 Tenant’s right to compensation

157 Intended improvements

158 Agreements etc.

159 Arbitration

160 Notice of intended claim

161 Rules for ascertaining amount of compensation

162 Recovery of compensation

163 Landlord who is a trustee

164 Compensation to tenants, when mortgagee in possession

165 Incoming tenant’s claim for compensation reserved

166 Change of tenancy not to affect right to compensation

167 Power of entry

PART 9 - (Repealed)

PART 10 - INCORPOREAL HEREDITAMENTS AND APPURTENANT RIGHTS

176 Prohibition upon creation of rent charges

177 Release of part of land subject to rent charge

178 No presumption of right to access or use of light or air

179 Right to support of land and buildings

180 Imposition of statutory rights of user in respect of land

181 Power to modify or extinguish easements and restrictive covenants

PART 11 - ENCROACHMENT AND MISTAKE

Division 1 - Encroachment of buildings

182 Definitions for div 1

183 Application of div 1

184 Application for relief in respect of encroachments

185 Powers of court on application for relief in respect of encroachment

186 Compensation

187 Charge on land

188 Encroaching owner—compensation and conveyance

189 Adjacent owner—compensation and conveyance

190 Vesting order

191 Boundaries

192 Suit, action or other proceeding

193 Persons interested

194 Costs

Division 2 - Improvements under mistake of title

195 Application of div 2

196 Relief in case of improvements made by mistake

197 Nature of relief

198 Right to apply or be served

PART 11A - RIGHTS OF WAY

198A Prescriptive right of way not acquired by user

PART 12 - EQUITABLE INTERESTS AND THINGS IN ACTION

199 Statutory assignments of things in action

200 Efficacy in equity of voluntary assignments

PART 13 - POWERS OF APPOINTMENT

201 Application of pt 13

202 Mode of exercise of powers

203 Validation of appointments where objects are excluded or take illusory shares

204 Protection of purchasers claiming under certain void appointments

205 Disclaimer etc. of powers

PART 14 - PERPETUITIES AND ACCUMULATIONS

206 Definitions for pt 14

206A When disposition in will made

206B When person to be treated as member of class

207 Application of pt 14

208 Powers of appointment

209 Power to specify perpetuity period

210 Wait and see rule

211 Power to apply to court for declaration as to validity

212 Presumptions and evidence as to future parenthood

213 Reduction of age and exclusion of class members to avoid remoteness

214 Unborn husband or wife

215 Dependent dispositions

216 Abolition of the rule against double possibilities

217 Restrictions on the perpetuity rule

218 Options

219 Determinable interests

220 Trustee powers and superannuation funds

221 Non-charitable purpose trusts

222 Accumulation of income

PART 15 - CORPORATIONS

223 Devolution of property of corporation sole

224 Vacancy in corporation

225 Transactions with corporation sole

226 Corporation incapable of acting

227 Corporate contracts and transactions not under seal

PART 16 - VOIDABLE DISPOSITIONS

228 Voluntary conveyances to defraud creditors voidable

229 Voluntary disposition of land how far voidable as against purchasers

230 Acquisitions of reversions at an under value

PART 17 - APPORTIONMENT

231 Definitions for pt 17

232 Rents etc. apportionable in respect of time

233 Exceptions and application

PART 18 - UNREGISTERED LAND

Division 1 - Application of part—interpretation

234 Definition for pt 18

234A Application of pt 18

Division 2 - Sales and conveyances

235 No conveyance to have tortious operation

236 Want of livery of seisin

237 Statutory commencements of title

238 Other statutory conditions of sale

239 General words implied in conveyances

240 All estate clause implied

Division 3 - Registration of deeds

241 Registration of instruments and wills

242 Mode of registration

243 Signature on behalf of dead or absent party

244 Receipts by registrar and endorsement

245 Mistakes in registration

246 Deeds to take effect according to priority of registration

247 Fraud of conveying party

248 Covenants to produce deeds

249 Certified copy as evidence

Division 4 - Compulsory registration of title

250 Progressive registration of unregistered land

251 Claims by persons claiming to be entitled to land or registrable interests

252 Vesting of land in Crown

253 Powers and duties of the registrar

254 Investigator of old system titles

254A Continuation of division after commencement of Land Title Act 1994

PART 19 - PROPERTY (DE FACTO RELATIONSHIPS)

Division 1 - Preliminary

255 Main purposes of pt 19

255A Relationship of this part with the Family Law Act in relation to particular financial matters

256 How main purposes are to be achieved

257 Application of pt 19

258 Other rights not affected

Division 2 - Interpretation

Subdivision 1 - General

259 Definitions for pt 19

Subdivision 2 - De facto partner and relationship concepts

260 Extended meaning of de facto partner for pt 19

261 Meaning of de facto relationship

Subdivision 3 - Financial matters and financial resources concepts

262 Meaning of financial matters

263 Meaning of financial resources

Subdivision 4 - Cohabitation, separation and recognised agreement concepts

264 Meaning of cohabitation agreement

265 Meaning of separation agreement

266 Meaning of recognised agreement

Subdivision 5 - Publication and account of a de facto proceeding concepts

267 Meaning of publish

268 Meaning of account of a de facto proceeding

Division 3 - Resolution of financial matters by de facto partners

Subdivision 1 - Purpose of division and use of agreements

269 Purpose of div 3

270 Cohabitation and separation agreements are valid

271 Court’s jurisdiction may not be excluded

272 Law of contract applies

273 Effect of de facto partner’s death

Subdivision 2 - Relationship between recognised agreements and proceedings

274 No property adjustment order inconsistent with recognised agreement

275 Court to ignore revoked provision

276 Court may vary recognised agreement if serious injustice or impracticable

Subdivision 3 - Relationship between agreements other than recognised agreements and proceedings

277 Other cohabitation or separation agreements may be considered

278 Court to ignore revoked provision

Division 4 - Resolution of financial matters by court

Subdivision 1 - Declaration of property interests

279 Purpose of sdiv 1

280 Court may declare property interests

281 Court may give effect to declaration

Subdivision 2 - Adjustment of property interests

Subsubdivision 1 - General

282 Purpose of sdiv 2

283 De facto partner may apply

284 De facto partners or child may benefit from adjustment

285 Not affected by other rights

286 Court may make property adjustment order

287 Type of de facto relationship

288 Time limit for making application

289 Disclosure of financial circumstances

290 Disclosure of child support and relevant orders

291 Contributions to property or financial resources

292 Contributions to family welfare

293 Effect on future earning capacity

294 Child support

295 Other orders

296 Other matters

297 Age and health

298 Resources and employment capacity

299 Caring for children

300 Necessary commitments

301 Responsibility to support others

302 Government assistance

303 Appropriate standard of living

304 Contributions to income and earning capacity

305 Length of relationship

306 Effect of relationship on earning capacity

307 Financial circumstances of cohabitation

308 Child maintenance

309 Other facts and circumstances

310 Likelihood of significant change in financial circumstances

311 Matters for consideration by court

312 Orders may be made before adjournment

313 Adjournments on other grounds not affected

314 Delayed operation of order

315 Effect on proceeding of death of party

Division 5 - Existence of a de facto relationship

Subdivision 1 - Declaration about existence of relationship

316 Purpose of div 5

317 Application

318 Court may adjourn hearing if other affected person

319 Court may make declaration about existence of relationship

320 Court may make declaration about non-existence of relationship

321 Declaration to include date

322 Death of de facto partners irrelevant

323 Effect of declaration

Subdivision 2 - Revocation of declaration

324 Party or affected person may apply

325 Court may adjourn hearing if other affected person

326 Court may revoke declaration

327 Court may make ancillary orders

328 Effect of revocation

Division 6 - Courts

Subdivision 1 - Jurisdiction

329 Courts having jurisdiction under pt 19

330 Stay or dismissal of proceeding in relation to same person

331 Transfer of proceeding to more appropriate court

Subdivision 2 - Powers

332 Purpose of sdiv 2

333 Court’s powers

334 Variation and setting aside of orders

335 Transactions to defeat claims

336 Interests of other parties

337 Duty of court to end financial relationship

Subdivision 3 - Miscellaneous matters concerning proceedings

Subsubdivision 1 - Intervention

338 Application for leave

339 Leave to intervene

340 Intervener’s rights

341 Party bears own costs

342 Specifically authorised publication

343 No identification in general publication

344 Offence

PART 20 - MISCELLANEOUS

345 Protection of solicitors and others adopting this Act

346 Restriction on constructive notice

347 Service of notices

348 Payments into and applications to court

349 Forms

350 Approval of forms

351 Regulation-making power

PART 21 - TRANSITIONAL PROVISION FOR PROPERTY LAW (MORTGAGOR PROTECTION) AMENDMENT ACT 2008

352 Mortgagor protection

PART 22 - TRANSITIONAL PROVISION FOR CIVIL AND CRIMINAL JURISDICTION REFORM AND MODERNISATION AMENDMENT ACT 2010

353 Amendments do not affect existing matters

PART 23 - TRANSITIONAL PROVISIONS FOR LAND SALES AND OTHER LEGISLATION AMENDMENT ACT 2014

354 Definitions for pt 23

355 Application of s 68A

356 Existing instalment contracts

PART 24 - TRANSITIONAL PROVISIONS FOR COURT AND CIVIL LEGISLATION AMENDMENT ACT 2017

357 Application of s 57A

358 Saving provision for s 57A

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