Law of Property Act 1936 (SA)

South Australia Law of Property Act 1936 An Act to consolidate and amend certain Acts relating to property and conveyancing.

Contents Part 1—Preliminary 1 Short title 4 Repeal 5 Savings 6 Application of Act to land under Real Property Act 1886 7 Interpretation Part 2—General rules affecting property 8 Lands lie in grant only 9 Use of word "grant" unnecessary 10 Power to dispose of all rights and interests in land 11 Lis pendens to be registered 12 Tenant for life without impeachment of waste, not to commit equitable waste 13 No merger at law where none in equity 14 Suits for possession of land by mortgagors 15 Assignment of debts and choses in action 16 Stipulations not of the essence of a contract 17 Satisfied terms, whether created out of freehold or leasehold land, to cease 18 Vesting order consequential on judgment for sale or mortgage of land 19 Vesting order consequential on judgment for specific performance etc 20 Rights of pre-emption capable of release 21 Purchaser not to be concerned with the trusts of the proceeds of sale 22 Right of light not deemed to exist by reason only of enjoyment or presumption of lost grant 23 Gift not to be avoided by illegal stipulation attached thereto 24 Alien friends may hold real and personal property 24A Certain contracts with infants for the repayment of loans to be valid 24B Abolition of doctrine of interesse termini 24C Body corporate may hold property as joint tenant 24D Capacities of corporations 25 Contingent remainders protected against the premature failure of a preceding estate Part 3—General rules affecting contracts, conveyances, and other instruments 26 Contracts for sale of land to be in writing 27 Discharge of incumbrances by the Court on sales or exchanges 28 Conveyances to be by deed 29 Instruments required to be in writing 30 Creation of interests in land by parol 31 Savings in regard to last two sections 32 Effect of possession of documents 33 Interests of persons in possession 34 Persons taking who are not parties and as to indentures 35 Conditions and certain covenants not implied 36 General words implied in conveyances 37 All estate clause implied 38 Partial release of security from rent-charge 39 Release of part of land affected from a judgment 40 Conveyances by a person to self etc 41 Execution and attestation of deeds 41AA Execution and attestation of other instruments 41A Easements without dominant land to be validly created 42 Covenants for title Part 4—Mortgages 43 Realisation of equitable charges by the court 44 Sale of mortgaged property in action for redemption or foreclosure 45 Obligation to transfer instead of reconveying 46 Vesting order in place of conveyance by devisee of mortgagee 47 Powers incident to estate or interest of mortgagee 48 Regulation of exercise of power of sale 49 Conveyance on sale 50 Application of proceeds of sale 51 Provisions as to exercise of power of sale 52 Mortgagee's receipts, discharges etc 53 Appointment, powers, remuneration and duties of receiver 54 Effect of advance on joint account 55 Notice of trusts affecting mortgage debts 55A Enforcement of rights against mortgagor 55B Collateral covenants 56 Application to registered land Part 5—Powers 57 Disclaimer etc of powers 57A Validation of appointments where objects are excluded or take illusory shares 58 Execution of powers not testamentary Part 6—Class closure, perpetuities and accumulations Division 1—Preliminary 58A Interpretation and jurisdiction 59 Application of Part Division 2—Rules for class ascertainment 60 Class ascertainment 60A Court's power to reverse statutory limitation on class membership Division 3—Perpetuities and accumulations 61 Abolition of rules against perpetuities and excessive accumulations 62 Court may order vesting of interests 62A Preservation of rule in Saunders v Vautier Part 7—Apportionment 63 Definitions 64 Apportionment of rents in respect of time 65 When apportioned part payable or recoverable 66 Right of recovering apportioned parts 67 Policies of assurance 68 Contracting out Part 8—Partition 69 Power to order partition or sale instead of partition 70 Sale on application of certain proportion of parties interested 71 As to purchase of share of party desiring sale 72 Notice to interested parties 73 Proceedings where service is dispensed with 74 Authority for parties interested to bid 75 Court to declare what parties are trustees of lands comprised in any suit, and as to the interests of persons unborn 76 Payment and application of moneys arising from settled land 77 Trustees may apply moneys in certain cases without application to court 78 Until money directed to be applied it is to be invested and dividends to be paid to parties entitled 79 Court may direct application of money in respect of leases or reversions as may appear just 80 Interpretation of settled land 81 Provision for case of successive sales in same auction 82 Request by infant or person under disability 83 Application for partition to include application for sale and distribution of the proceeds 84 Costs Part 9—Voidable dispositions 86 Voluntary conveyances to defraud creditors 87 Voluntary disposition with intent to defraud voidable as against purchasers 88 Acquisitions of reversions at an under value Part 10—Miscellaneous 89 Vesting order in lieu of conveyance 90 Vesting order in cases of mentally incapacitated or infant mortgagee 91 In what cases the heir, representative, or devisee of a person, who has contracted to sell land, shall be deemed a trustee 100 Assurance policy by spouses 108 Interpretation of terms 110 Invalidity of restraints upon anticipations 112 Regulations respecting notices 114 Power of Court to sell interest of Crown in real estate 116 Definition of intestacy 117 Restrictions on constructive notice 118 Lessor to have benefit of an informal insurance 119 Payment into court 120 Saving of certain rights of the Crown Schedule 1—Acts repealed Schedule 2—Implied covenants 1 Covenant implied in a conveyance for valuable consideration, other than a mortgage, by a person who conveys and is expressed to convey as beneficial owner 2 Further covenant implied in a conveyance of leasehold property for valuable consideration, other than a mortgage, by a person who conveys and is expressed to convey as beneficial owner 3 Covenant implied in a conveyance by way of mortgage by a person who conveys and is expressed to convey as beneficial owner 4 Covenant implied in a conveyance by way of mortgage of leasehold property by a person who conveys and is expressed to convey as beneficial owner 5 Covenant implied in a conveyance by way of settlement, by a person who conveys and is expressed to convey as settlor 6 Covenant implied in any conveyance, by every person who conveys and is expressed to convey as trustee or mortgagee, or as personal representative of a deceased person, or as administrator, committee or other person empowered to act on behalf of a mentally incapacitated person or under an order of the court Legislative history