This Act, consisting of 215 sections divided into 24 Parts and completed by nine Schedules, regulates Land Property within New South Wales. It establishes the following issues: All land shall as regards the assurance of the immediate freehold thereof be deemed to lie in grant as well as in livery. Any estate or interest that can be created by will in any chattel real may also be created by deed. A contingent remainder existing at any time after the commencement of this Act shall be capable of taking effect notwithstanding the want of a particular estate of freehold to support it in the same manner as it would take effect if it were a contingent remainder of an equitable estate supported by an outstanding legal estate in fee simple. A contingent remainder or a contingent interest lying between two estates vested in the same person shall prevent the merger of those two estates. Where in an instrument coming into operation after the commencement of this Act a remainder is limited to the heirs of a person to whom an estate for any life in the same premises is expressly given, the estate of such person shall be confined to an estate for the life mentioned with a remainder to the person’s heirs or heirs of the person’s body as purchasers. The release from a rent charge of part of the land charged therewith shall not extinguish the whole rent charge, but shall operate only to bar the right to recover any part of the rent charge out of the land released without prejudice nevertheless to the rights of all persons interested in the land remaining unreleased and not concurring in or confirming the release.This Act is divided as follows: Part 1 Interpretation; Part 2 General rules affecting property (including Land Assurances, Transactions, Lease Subdivisions, Property of land in general, etc.); Part 3 General rules relating to deeds (including deeds effect); Part 4 Sales and other transactions (including contracts for sale of land); Part 6 Covenants and powers (including benefit of covenants relating to land); Part 7 Mortgages and certain charges; Part 8 Leases; Part 9 Long terms; Part 10 Invalid leases under powers; Part 11 Apportionment; Part 12 Debts charged on property of deceased; Part 13A Aliens; Part 14 Married women; Part 14A Minors and minors’ property; Part 15 Executors and administrators; Part 16 (Repealed); Part 17 Purchasers: when affected by notice; Part 18 Verification of instruments: statutory declarations; Part 19 Service of notices; Part 20 Procedure: orders: execution; Part 21 Adoption of Act; Part 22 Miscellaneous; Part 23 Registration; and Part 24 Central Register of Restrictions.
Implemented by: Conveyancing (Sale of Land) Regulation 2017. (2017-12-18)
Authors and Publishers
Tranchida, Valerio (LEGN)
Government of New South Wales (Australia)