Sub-Title A - Property And Conveyancing

• Author: Ralph Hone
• Pages: #4

115 Conveyancing And Law Of Property

CHAPTER 115.

CONVEYANCING AND LAW OF PROPERTY.

ARRANGEMENT OF SECTIONS.

PART I.

PRELIMINARY.

SECTION.

1. SHORT TITLE.

2. INTERPRETATION.

PART II.

SALES AND OTHER TRANSACTIONS.

Contracts for Sale.

3. CONTRACTS FOR SALE.

4. VENDOR OR PURCHASER MAY OBTAIN DECISION OF COURT.

Discharge of Incumbrances on Sale.

5. DISCHARGE OF INCUMBRANCES ON SALE.

General Words.

6. GENERAL WORDS IN CONVEYANCE OF LAND, ETC.

Covenants for Title.

7. COVENANTS FOR TITLE TO BE IMPLIED.

Execution of Purchase Deed.

8. RIGHTS OF PURCHASER AS TO EXECUTION.

Production and safe custody of Title Deeds.

9. ACKNOWLEDGMENT OF RIGHT TO PRODUCTION AND UNDERTAKING FOR SAFE CUSTODY OF DOCUMENTS.

PART III.

LEASES, FORFEITURES.

10. RENT AND BENEFIT OF LESSEE'S COVENANTS TO RUN WITH REVERSION.

11. OBLIGATION OF LESSOR'S COVENANTS TO RUN WITH REVERSION.

12. APPORTIONMENT OF CONDITIONS ON SEVERANCE.

13. ON SUB-DEMISE, TITLE TO LEASEHOLD REVERSION NOT TO BE REQUIRED.

14. CONTRACT FOR LEASE NOT PART OF TITLE TO LEASE.

15. No FINE TO BE EXACTED FOR LICENCE TO ASSIGN.

Forfeiture.

16. RESTRICTIONS ON AND RELIEF AGAINST FORFEITURE OF LEASES.

PART IV.

MORTGAGES.

SECTION.

17. OBLIGATION ON MORTGAGEE TO TRANSFER INSTEAD OF RE-CONVEYING.

18. POWER FOR MORTGAGOR TO INSPECT TITLE DEEDS.

19. RESTRICTION ON CONSOLIDATION OF MORTGAGES.

Leases by Mortgagors and Mortgagees.

20. LEASING POWERS OF MORTGAGOR AND MORTGAGEE IN POSSESSION.

Sale, Insurance, Receiver, Timber.

21. POWERS INCIDENT TO ESTATE OR INTEREST OF MORTGAGEE.

22. REGULATION OF EXERCISE OF POWER OF SALE.

23. CONVEYANCE, RECEIPT, ETC., ON SALE.

24. MORTGAGEE'S RECEIPTS, DISCHARGES, ETC.

25. AMOUNT AND APPLICATION OF INSURANCE MONEY.

26. APPOINTMENT, POWERS, REMUNERATION AND DUTIES OF RECEIVER.

Action Respecting Mortgage.

27. SALE OF MORTGAGED PROPERTY IN ACTION FOR FORECLOSURE OR REDEMPTION.

PART V.

STATUTORY MORTGAGE.

28. FORM OF STATUTORY MORTGAGE IN SCHEDULE.

29. FORM OF STATUTORY TRANSFER OF MORTGAGE IN SCHEDULE.

30. IMPLIED CONVENANTS, JOINT AND SEVERAL.

31. FORM OF RE-CONVEYANCE OF STATUTORY MORTGAGE IN SCHEDULE.

32. EFFECT OF ENDORSEMENT BY MORTGAGEE ON PAYMENT OF MORTGAGE DEBT.

PART VI.

TRUST AND MORTGAGE ESTATES ON DEATH.

33. DEVOLUTION OF TRUST AND MORTGAGE ESTATES ON DEATH.

PART VII.

MARRIED WOMEN.

34. POWER OF COURT TO BIND INTEREST OF MARRIED WOMAN.

35. POWER OF ATTORNEY OF MARRIED WOMAN.

PART VIII.

POWERS OF ATTORNEY.

36. EFFECT OF POWER OF ATTORNEY, FOR VALUE, MADE ABSOLUTELY IRREVOCABLE.

37. EFFECT OF POWER OF ATTORNEY, FOR VALUE OR NOT, MADE IRREVOCABLE FOR FIXED TIME.

38. EXECUTION UNDER POWER OF ATTORNEY.

39. PAYMENT BY ATTORNEY UNDER POWER WITHOUT NOTICE OF DEATH, ETC. GOOD.

40. DEPOSIT OF ORIGINAL INSTRUMENTS CREATING POWERS OF ATTORNEY.

PART IX.

CONSTRUCTION AND EFFECT OF DEEDS AND OTHER INSTRUMENTS.

SECTION.

41. USE OF WORD 'GRANT' UNNECESSARY.

42. CONVEYANCE B3Y A PERSON TO HIMSELF, ETC.

43. WORDS OF LIMITATION IN FEE OR IN TAIL.

44. POWERS SIMPLY COLLATERAL.

45. CONVEYANCE BY SIMPLE DEED.

46. CONSTRUCTION OF SUPPLEMENTAL OR ANNEXED DEED.

47. RECEIPT IN DEED SUFFICIENT.

48. RECEIPT IN DEED OR INDORsED, EVIDENCE FOR SUBSEQUENT PURCHASER.

49. RECEIPT IN DEED OR INDoRsED; AUTHORITY FOR PAYMENT To SOLICITOR.

50. SUFFICIENCY OF FORMS IN SECOND SCIHEDULE.

51. COVENANTS To EXTEND TO HEIRS, ETC.

52. COVENANTS To BIND HEIRS, ETC.

53. EFFECT OF COVENANT WITH Two OR MORE JOINTLY.

54. EFFECT OF ADVANCE ON JOINT ACCOUNT, ETC.

55. GRANTS OF EASEMENTS, ETC., BY WAY OF USE.

56. PROVISION FOR ALL THE ESTATE, ETC.

PART X.

NOTICE.

57. RESTRICTION ON CONSTRUCTIVE NOTICE.

PART XL.

ADOPTION OF ACT.

58. PROTECTION OF SOLICITOR AND TRUSTEE ADoPTING ACT.

PART XII.

MISCELLANEOUS.

59. REGULATIONS RESPECTING NOTICES.

60. RULES.

61. ORDERS OF COURT CONCLUSIVE.

SCHEDULES.

Foium's OF DEEDS.

CHAPTER 115.

CON VEYANCING AND LAW OF PROPERTY.

AN ACT FOR SIMPLIFYING AND IMPROVING THE 7 of 1909.

PRACTICE OF CONVEYANCING; AND FOR VESTING IN 28 of 1914.

8 of 1955.

MORTGAGEES AND OTHERS VARIOUS POWERS COM- 26 of 1956.

MONLY CONFERRED BY PROVISIONS INSERTED IN 72 of 1957.

58 of 1959.

MORTGAGES AND OTHER INSTRUMENTS; AND FOR 28 of 1960.

AMENDING IN VARIOUS PARTICULARS THE LAW OF 4 of 1961.

43 of 1961.

PROPERTY; AND FOR OTHER PURPOSES. 46 of 1964.

[23rd August 1909.1

PART 1.

PRELIMINARY.

1. This Act may be cited as The Conveyancing short tittle.

and Law of Property Act.

2. In this Act, unless the context otherwise Interpretation.

requires'bankruptcy' includes liquidation by arrangement, and any other act or proceeding in law having, under any Act for the time being in force, effects or results similar to those of bankruptcy; and 'bankrupt' has a meaning corresponding with that of bankruptcy;

'building purposes' includes the erecting and the improving of, and the adding to, and the repairing of buildings; and a 'building lease' is a lease for building purposes or purposes connected therewith;

'conveyance' includes assignment,, appointment, lease, settlement and other assurance, and covenant to surrender, made by deed, on a sale, mortgage, demise or settlement of any property, or on any other dealing with or for any property; and 'convey' has a meaning co-rresponding with that of conveyance;

'4court' means the Supreme Court;

'incumbrance' includes a mortgage in fee, or for a less estate, and a trust for securing money, and a lien, and a charge of a portion, annuity, or other capital or annual sum; and 'incumbrancer' has a meaning corresponding with that of incumbrance, and includes every person entitled to the benefit of an incumbrance, or to require payment or discharge thereof;

Ch. 41. 'declaration' means a declaration made under The Oaths Act;

'income,' in relation to land, includes rents and profits, and 'possession' includes receipt of income;

'instrument' includes deed, will and Act;

'lease' includes an agreement for a lease where the lessee has become entitled to have his lease granted; and 'under-lease' includes an agreement for an under-lease where the underlessee has become entitled to have his underlease granted; and 'under-lessee' includes any person deriving title under or from an underlessee;

'mortgage' includes any charge on any property for securing money or money's worth; and 'mortgage money' means money or money's worth secured by a mortgage; and 'mortgagor' includes any person from time to time deriving title under the original mortgagor, or entitled to redeem a mortgage, according to his estate, interest or right, in the mortgaged property;

and 'mortgagee' includes any person from time to time deriving title under the original mortgagee; and 'mortgagee in possession' is, for the purposes of this Act, a mortgagee who, in right of the mortgage, has entered into, and is in possession of the mortgaged property;

'property' includes real and personal property and any estate or interest in any property, real or personal, and any debt, and any thing in action, and any other right or interest;

'purchaser' includes a lessee or mortgagee, and an intending purchaser, lessee or mortgagee, or other person, who, for valuable consideration, takes or deals for any property; and 'purchase' has a meaning corresponding with that of purchaser; but 'sale' means only a sale properly so called;

'rent' includes yearly or other rent, toll, duty, royalty or other reservation, by the acre, or otherwise; and 'fine' includes premium or fore-gift, and any payment, consideration or benefit in the nature of a fine, premium or foregift;

'Schedule' means a Schedule to this Act;

'securities' includes stocks, funds and shares;

'solicitor' means a counsel and attorney for the time being authorised to practise as a counsel and attorney of the court;

'will' includes codicil;

'writing' includes print; and words referring to any instrument, copy, extract, abstract or other document include any such instrument, copy, extract, abstract or other document being in writing or in print, or partly in writing and partly in print.

PART II.

SALES AND OTHER TRANSACTIONS.

Contracts for Sale.

3.-(1) Under a contract to grant or assign a term Contracts for of years, whether derived or to be derived out of a free- sale.

hold or leasehold estate, the intended lessee or assign shall not be entitled to call for the title to the freehold.

(2) Under a contract to sell and assign a term of years derived out of a leasehold interest in land, the intended assign shall not have the right to call for the title to the leasehold reversion.

(3) Recitals, statements and descriptions of facts, matters and parties contained in deeds, instruments, Acts or declarations, twenty years old at the date of the contract, shall, unless and except so far as they shall be proved to be inaccurate, be taken to be sufficient evidence of the truth of such facts, matters and descriptions.

(4) A purchaser of land shall not be entitled to 72 of 1957, s. 2. require a title to be deduced for a period of more than 28 of 1960, s. 2. thirty years, or for a period extending further back than a grant or lease by the Crown or a certificate of title granted by the court in accordance with the provisions Ch. 133. of The Quieting Titles Act, whichever period shall be the shorter.

(5) A purchaser of any property shall not require the production, or any abstract or copy, of any deed, will or other document, dated or made before the time prescribed by law, or stipulated, for commencement of the title, even though the same creates a power subsequently exercised by an instrument abstracted in the abstract furnished to the purchaser; nor shall he require any information, or make any requisition, objection or inquiry, with respect to any such deed, will or document, or the title prior to that time, notwithstanding that any such deed, will or other document, or that prior title is recited, covenanted to be produced, or noticed; and he shall assume, unless the contrary appears, that the recitals, contained in the abstracted instruments, of any deed, will or other...