Table of Contents (Display details)

• Property 
• PART I Preliminary
  • 1 Short title
  • 2 Interpretation
• PART II General Principles as to Legal Estates, Tenure, Equitable Interests and Powers
  • 3 Definition of legal estates, equitable interests and powers
  • 4 Definition of fee simple absolute, and exercise of power to dispose of or create a legal estate
  • 5 Abolition of feudal tenure
  • 6 Abolition of fee tail estate
  • 7 Overreaching of certain equitable interests and powers by conveyance of a legal estate
  • 8 Manner of giving effect to equitable interests and powers
  • 9 Creation and disposition of equitable interests, and of certain legal interests
  • 10 Effect of certain legal powers to grant leases
  • 11 Operation of vesting orders and dispositions of legal estates as conveyances by an estate owner
  • 12 Title to be shown to legal estate and liability of attorney-at-law
• PART III Settlements
  • 13 Constitution of a settlement upon statutory trusts
  • 14 Effect of purported conveyance of a legal estate to a minor
  • 15 Definition of “the statutory trusts”
  • 16 Overreaching effect of conveyance of trust land
  • 17 Construction of certain settlements
  • 18 Consents to the execution of a trust for sale
  • 19 Consultation by trustees with beneficiaries
  • 20 Purchaser not to be concerned with trusts of capital money or proceeds of sale
  • 21 Delegation of powers of management by trustees
  • 22 Notice to trustees respecting the exercise of power of sale
  • 23 Trusts of mortgaged property where right of redemption is barred
  • 24 Land to be held on trust for sale where capital is invested therein by trustees of personal property
  • 25 Trustees for the purposes of this Act
  • 26 Trustees of referential settlements
  • 27 General powers of trustees upon statutory trusts
  • 28 Conveyances to be for the best consideration
  • 29 Leasing powers of trustees
  • 30 Regulations concerning leases
  • 31 Leasing powers for special objects
  • 32 Mortgage of trust land
  • 33 Modes of investment or application
  • 34 Limitation of the number of trustees
  • 35 To whom capital moneys or proceeds of sale are payable
  • 36 Trustees may reimburse themselves
  • 37 Prohibition or limitation of exercise of powers and provisions for forfeiture void
  • 38 Saving for and exercise of other powers
  • 39 Saving for additional or wider powers under settlement
  • 40 Protection of purchasers
  • 41 Payment of costs out of trust property
  • 42 Termination of settlements and trusts
• PART IV Co-ownership
  • 43 Severance of joint tenancies
  • 44 Protection of purchaser on sale of land by survivor of joint tenants
  • 45 Partition of land held by co-owners
  • 46 Severance of party structures
• PART V Contracts, Conveyances and other Instruments
  • 47 Contracts for sale of land to be in writing
  • 48 Stipulations as to time not the essence of a contract
  • 49 Rights of purchaser of a legal estate
  • 50 Twenty years to be the statutory length of title and other provisions as to root of title
  • 51 Other statutory conditions of sale
  • 52 Application of insurance money on completion of a sale or exchange
  • 53 Stipulations restricting the choice of the purchaser’s attorney-at-law void
  • 54 Applications to the court by vendor and purchaser
  • 55 Lands lie in grant only
  • 56 Making and recording of deeds, to have effect of livery of seisin
  • 57 Effect of failure to record deeds
  • 58 Recording in Land Registry to be notice
  • 59 Conveyances to be by deed
  • 60 Instruments required to be in writing
  • 61 Persons taking who are not parties to a deed
  • 62 Provisions as to supplemental instruments
  • 63 Conditions and certain covenants not implied
  • 64 Words of limitation not required to convey or transfer fee simple and no resulting trust in voluntary conveyance
  • 65 Construction of certain expressions used in deeds and other instruments
  • 65A Interpretation of “seashore or foreshore boundary” and “beach”
  • 66 Conveyance of land to include all rights belonging to or enjoyed with the land
  • 67 All estate clause implied
  • 68 Production and safe custody of documents
  • 69 Reservation of legal estates
  • 70 Confirmation of past transactions
  • 71 Certain documents to be deeds even though not under seal
  • 72 Description of deeds
  • 73 Execution of deeds by an individual
  • 74 Execution of instruments by or on behalf of corporations
  • 75 Rights of purchaser as to execution
  • 76 Deed between parties to have same effect as indenture
  • 77 Receipt in deed sufficient to discharge same
  • 78 Receipt in or endorsed sufficient evidence
  • 79 Receipt in deed or endorsed sufficient authority to pay attorney-at-law
  • 80 Conveyance by a person to. himself and others
  • 81 Covenants for title
  • 82 Implied covenants in conveyances subject to rents
  • 83 Benefit of covenants relating to land
  • 84 Burden of covenants relating to land
  • 85 Covenants binding land
  • 86 Effect of covenant with two or more persons jointly
  • 87 Covenants or agreements entered into by a person with himself and another
  • 88 Covenants with two or more persons
• PART VI Fees and Commissions
  • 89 Meaning of “lease” in this Part
  • 90 Stipulation that party to sale or demise pay other party’s costs void
  • 91 Stipulations restricting purchaser’s right to choose his attorney-at-law void
  • 92 Stipulations respecting purchaser’s obligation to contribute to costs void
  • 93 Stipulations that purchaser pay vendor’s agent void
  • 94 Costs of attorney-at-law as mortgagee recoverable from mortgagor
  • 95 Costs of attorney-at-law as mortgagee chargeable upon mortgaged property
• PART VII Mortgages
  • 96 Form of mortgages
  • 97 Covenants implied in a mortgage
  • 98 Position of mortgagee
  • 99 Conveyance by mortgagee
  • 100 Realisation of equitable mortgages
  • 101 Sale in redemption action
  • 102 Mines and minerals
  • 103 Consolidation
  • 104 Tacking and further advances
  • 105 Transfer in lieu of discharge
  • 106 Inspection, production and delivery of documents and priorities
  • 107 Action for possession by mortgagor
  • 108 Mortgagor’s power of leasing and accepting surrenders
  • 109 Mortgagor’s power of leasing and accepting surrenders
  • 110 Powers incident to interest of mortgagee
  • 111 Regulation of exercise of mortgagee’s remedies
  • 112 Conveyance on sale
  • 113 Duty of mortgagee respecting mortgage and mortgagor
  • 114 Application of proceeds of sale
  • 115 Provisions as to exercise of power of sale
  • 116 Mortgagee’s receipts, discharges etc.
  • 117 Amount and application of insurance money
  • 118 Appointment, powers, remuneration and duties of receiver
  • 119 Effect of bankruptcy of the mortgagor on the power to sell or appoint a receiver
  • 120 Effect of advance on joint account
  • 121 Notice of trusts affecting mortgage debts
  • 122 Transfer of mortgages
  • 123 Discharge of mortgage by endorsed or annexed receipt
  • 124 Right of limited owner to prevent discharge on redemption
  • 125 Form of charge by way of legal mortgage
  • 126 Form of statutory transfer of charge by way of legal mortgage
  • 127 Implied covenants joint and several
• PART VIII Rentcharges
  • 128 Remedies for the recovery of annual sums charged on land
  • 129 Creation of rentcharges charged on another rentcharge and remedies for recovery thereof
• PART IX Powers Generally
  • 130 Release of power
  • 131 Disclaimer of power
  • 132 Protection of purchaser in good faith claiming under fraudulent appointment
  • 133 Validation of appointment where object is excluded or takes illusory share
  • 134 Execution of non-testamentary power
  • 135 Application of Part IX
• PART X Powers of Attorney
  • 136 Definitions for purposes of Part X
  • 137 Payments, etc., by attorney under power without notice of death etc.
  • 138 Execution under power of attorney
  • 139 Certified copies of powers
  • 140 Notice of irrevocable power by way of security
  • 141 Devolution of a power of attorney given to a purchaser
• PART XI Equitable Interests
  • 142 Abolition of the rule in Shelley’s case, and as to heirs taking by purchase
  • 143 Construction and effect of references to failure of issue
  • 144 Equitable waste
  • 145 Extension of the rule in Dearle v. Hall
  • 146 Power to nominate a trust corporation to receive notices
  • 147 Notice to one of several trustees of dealing with equitable interest
• PART XII Lessor and Lessee
  • 148 Meaning of term of years absolute
  • 149 Creation of relationship
  • 150 Doctrine of interesse termini and reversionary leases
  • 151 Attornment by lessees
  • 152 Effect of extinguishment of reversion
  • 153 Leases invalidated by reason of non-compliance with terms of powers under which they are granted
  • 154 Licences granted to lessees
  • 155 Waiver of covenants
  • 156 Apportionment of conditions on severance
  • 157 Lessor’s implied covenants
  • 158 Lessee’s implied covenants
  • 159 Meaning of “repair”
  • 160 Running of lessee’s covenants
  • 161 Running of lessor’s covenants
  • 162 Assignment of term of years
  • 163 Lessee’s fixtures
  • 164 Insurance of demised premises
  • 165 Termination by surrender
  • 166 Forfeiture
  • 167 Notice before forfeiture
  • 168 Relief against forfeiture
• PART XIII Perpetuities
  • 169 Power to specify perpetuity period
  • 170 Presumption and evidence as to future parenthood
  • 171 Uncertainty as to remoteness
  • 172 Reduction of age and exclusion of class members to avoid remoteness
  • 173 Condition relating to death of surviving spouse
  • 174 Saving and acceleration of expectant interests
  • 175 Powers of appointment
  • 176 Administrative powers of trustees
  • 177 Other restrictions on the perpetuity rule
  • 178 Options relating to land
  • 179 Avoidance of contractual and other rights in cases of remoteness
  • 180 Rights for enforcement of rentcharges
  • 181 Conditions subsequent, possibilities of reverter etc.
  • 182 Abrogation of the rule in Whitby v Mitchell
  • 183 Interpretation for purposes of Part XIII
• PART XIV Capacity
  • 184 Presumption as to age
  • 185 Inability of minor to hold legal estate, or to be appointed trustee, but if married may give receipts
  • 186 Husband and wife to be treated as separate persons
  • 187 General position of married woman
  • 188 Body corporate as joint tenant
  • 189 Provisions as to corporations
  • 190 Dissolution of a corporation
• PART XV Husband and Wife
  • 191 Questions between husband and wife
  • 192 Saving of special position of spouses, and extension of presumption of advancement
• PART XVI Voidable Dispositions
  • 193 Voluntary conveyances to defraud creditors
  • 194 Voluntary disposition of land in relation to subsequent purchaser
  • 195 Sales of reversions
• PART XVII Discharge and Modification of Land Restrictions
  • 196 Power to discharge or modify certain restrictions affecting land
  • 197 Stay of proceedings pending application to Judge in Chambers
  • 198 Interpretation of restrictions by court
  • 199 Position where instrument imposing restriction is not produced
  • 200 Register of orders to be kept in Land Registry
  • 201 Application of this Part
• PART XVIII Miscellaneous
  • 202 Power of personal representative of deceased vendor to complete contract
  • 203 Protection of attorney-at-law and trustees adopting Act
  • 204 Fraudulent concealment of documents and falsification of pedigrees
  • 205 Merger
  • 206 Release of right of pre-emption
  • 207 Partial release of security from rentcharge
  • 208 Release of part of land affected from a judgment
  • 209 Power to direct division of chattels
  • 210 Regulations respecting notices
  • 211 Restriction on constructive notice
  • 212 Orders of court conclusive
  • 213 Abolition of the doctrine of conversion
  • 214 Legal assignment of things in action
  • 215 Repeal and savings
  • 216 Adaptation of references in documents
  • 217 Crown
  • 218 Transitional provisions
  • 219 Rules