Settled Land Act 1911 (Tas)

Settled Land Act 1911

An Act to amend the Settled Land Act 1884 [Royal Assent 10 January 1912]

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1. Short title This Act may be cited as the Settled Land Act 1911 .

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4. Creation of easements on exchange or partition On an exchange or partition any easement, right, or privilege of any kind may be reserved or may be granted over or in relation to the settled land or any part thereof, or other land, or an easement, right, or privilege of any kind may be given or taken in exchange or on partition for land or for any other easement, right, or privilege of any kind.

5. Power of tenant for life to complete predecessor's contract A tenant for life may make any conveyance which is necessary or proper for giving effect to a contract entered into by a predecessor in title, and which, if made by such predecessor, would have been valid as against his successors in title.

6. Leases for term not exceeding twenty-one years A lease for a term not exceeding twenty-one years at the best rent that can be reasonably obtained without fine, and whereby the lessee is not exempted from punishment for waste, may be made by a tenant for life – (a) without any notice of an intention to make the same having been given under section forty-two of the Principal Act ; (b) notwithstanding that there are no trustees of the settlement for the purposes of the Principal Act ; and (c) by any writing under hand only containing an agreement instead of a covenant by the lessee for payment of rent in cases where the term does not extend beyond three years from the date of the writing.

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8. Sale by tenants for life on credit terms On a sale by a tenant for life such sale may be made on credit terms, provided – (a) the credit terms are first submitted to and approved by the trustees for the purposes of the settled estate; (b) the contract of sale is made with the tenant for life jointly with the trustees, and the instalments of purchase-money are by the contract of sale made payable to the trustees; (c) the contract of sale reserves full power for the trustees and the tenant for life jointly, or the trustees severally, on a breach of any of the conditions of sale to determine the contract of sale and enter into possession of the land.