Property Law Act 1958 (Vic)

Legislation au Victorian Legislation - Acts (VICLegAct) V I C T O R I A N L E G I S L A T I O N

Legislation content

Version No. 142

Property Law Act 1958

No. 6344 of 1958

Version incorporating amendments as at


1 July 2024

TABLE OF PROVISIONS

Section  Page

1Short title and commencement

2Repeals and savings

3Definitions

Part I—Registration of conveyances etc. affecting land other than land under the Transfer of Land Act. Deposit of documents

5Registrar-General

6Registration of deeds, conveyances etc.

13Fees to be paid on registration

15Deeds etc. may be deposited with Registrar-General

15ADeposited documents

15BCourt may order deposit of documents

15CPerson may direct document to be deposited

15DDeposit of document without instructions

16Deeds etc. deposited may be inspected etc.

17False oaths and affirmations made punishable

Part II—The general law of property and conveyancing

18Definitions

18ALand may be assured in fee simple

Division 1—General principles

Subdivision 1—Miscellaneous

19AInterests in land under the Statute of Uses

19Power to dispose of all rights and interests in land

20Satisfied terms, whether created out of freehold or leasehold land, to cease

21Husband and wife to be counted as two persons

22Vesting orders etc. of legal estates operating as conveyances

23Abstract of title to legal estates

24Effect of possession of documents

25Interests of persons in possession

26Presumption that parties are of full age

27Alien friends may hold etc. real and personal property

28Power for corporations to hold property as joint tenants

28ALiability of co-owner to account

28BCertain contracts with minors to be valid

29Receipts by married minors

30Conveyances on behalf of patients

Subdivision 2—Dispositions on trust for sale

31Duration of trusts for sale

32Power to postpone sale

33Consents to the execution of a trust for sale

34Purchaser not to be concerned with the trusts of proceeds of sale

35Powers conferred on trustees for sale

36Delegation of powers of management by trustees for sale

37Powers of Court where trustees for sale refuse to exercise powers

38Trust for sale of mortgaged property where right of redemption is barred

39Implied trust for sale in personalty settlements

40Application of this Division to personal representatives

Division 2—Contracts, conveyances and other instruments

Contracts

41Stipulations in a contract

42Provisions as to contracts

43Application of section 42

44Statutory commencements of title

45Other statutory conditions of sale

46Adoption of conditions of sale in Third Schedule

48Stipulations preventing a purchaser etc. from employing own legal practitioner to be void

49Applications to the Court by vendor and purchaser

50Discharge of incumbrances by the Court on sales or exchanges

Conveyances and other Instruments

51Lands lie in grant only

52Conveyances to be by deed

53Instruments required to be in writing

54Creation of interests in land by parol

55Savings in regard to sections 53 and 54

56Persons not named as parties may take interest in land etc.

57Description of deeds

58Provisions as to supplemental instruments

59Conditions and certain covenants not implied

60Power to dispose of fee-simple by deed without words of inheritance

61Definitions of expressions used in deeds and other instruments

61AConstruction of references to repealed Acts

62General words implied in conveyances

63All estate clause implied

64Production and safe custody of documents

65Reservation of legal estates

66Confirmation of past transactions

67Receipt in…

Continue reading Property Law Act 1958 (Vic)

Sign in free to access the full text

Citations

Interactions

Authorises

All Versions

Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.