Conveyancing Act 1919 (NSW)

Conveyancing Act 1919 No 6

An Act to amend and consolidate the law of property and to simplify and improve the practice of conveyancing; and for such purposes to amend certain Acts relating thereto.

Part 1A Preliminary

1 Name of Act and commencement This Act may be cited as the Conveyancing Act 1919 and shall commence and come into operation on the first day of July, one thousand nine hundred and twenty.

2 (Repealed)

3 Repeals (1) The Acts mentioned in the First Schedule to this Act are to the extent therein expressed hereby repealed. (2) All rules of court made under the authority of any Act or section hereby repealed and being in force at the commencement of this Act, shall so far as applicable, be deemed to have been made under the authority of this Act.

4 Operation of Act Any alteration, by this Act, of the law, whether by the repeal of an enactment, or otherwise, shall not, unless otherwise expressly provided by this Act, affect— (a) any right accrued, or obligation incurred, before the commencement of this Act under the law so altered, or (b) the validity or invalidity, or any operation, effect or consequence, of any instrument executed or made, or of anything done or suffered before the commencement of this Act, or (c) any action, proceeding or thing then pending or uncompleted; every such action, proceeding and thing may be carried on and completed as if the enactment had not been repealed, or the law otherwise altered.

5 Restriction on validation of instruments Where any instrument executed prior to the commencement of this Act is by any provision hereof rendered valid and effectual, and would, but for this Act, be or remain invalid or ineffectual, such instrument shall be deemed to be validated only where the person who is at the commencement of this Act in possession of the property affected by the instrument claims under such instrument and not adversely to it.