Conveyancing and Law of Property Act 1898 (NSW)

Conveyancing and Law of Property Act 1898 No 17

An Act to consolidate the Statutes relating to Conveyances, Assignments, and Titles to Lands.

Part 1A Preliminary

1 Name of Act (1) This Act may be cited as the Conveyancing and Law of Property Act 1898. (2) Nothing in this Act contained shall be taken in any way to alter or modify the provisions of the Married Women's Property Act of 1893, but this Act shall take effect only so far as it is not inconsistent with the said Married Women's Property Act of 1893.

2 First Schedule (1) The Acts mentioned in the First Schedule to this Act are to the extent therein expressed hereby repealed. (2) All rules of Court made under the authority of any Act or section hereby repealed and being in force at the passing of this Act shall be deemed to have been made under the authority of this Act.

2A Definition In this Act, unless the context or subject matter otherwise indicates or requires: minor means a person under the age of eighteen years.

Part 1 Titles to Crown grants

3 Certain conveyances to pass the fee to purchaser notwithstanding the omission of words of inheritance In every case where before the first day of July, one thousand eight hundred and fifty-eight, any person seised of or entitled to any land in fee, or entitled to have a Crown grant thereof made to him in fee, has sold and has conveyed or contracted to convey such land to a purchaser, the purchaser shall be deemed as against the vendor, his heirs, executors, administrators, and assigns, to have taken or to be entitled to (as the case may be) an estate in fee in such land notwithstanding the absence of any words of inheritance in the instrument of conveyance or contract (as the case may be), unless a contrary intention appears by such instrument or otherwise: Provided that this section shall not prejudice the title of any person in possession of the land on the thirtieth day of June, one thousand eight hundred and fifty-eight, and claiming under such vendor.