Property Law Act 1958 (Vic)

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 deed sufficient

68Receipt in deed or indorsed evidence

69Receipt in deed or indorsed authority for payment to legal practitioner

70Partial release of security from rentcharge

71Release of part of land affected from a judgment

72Conveyances by a person to himself etc.

73Execution of deeds by an individual

73ASealing of deeds

73BAbrogation of rule that authority to agent to deliver must be under seal

74Execution of instruments by or on behalf of corporations

75Rights of purchaser as to execution

Covenants

76Covenants for title

77Implied covenants in conveyances subject to rents

78Benefits of covenants relating to land

79Burden of covenants relating to land

79AConstruction of covenants affecting land

80Covenants binding land

81Effect of covenant with two or more jointly

82Where one or more persons enter into covenants etc.

83Construction of implied covenants

84Power for Court to modify etc. restrictive covenants affecting land

85Defendant may apply for order

Division 3—Mortgages and rentcharges

Mortgages

86Mortgages under Transfer of Land Act 1958 generally excepted

87Foreclosure extinguishes right of action for mortgage debt etc.

88Effect of conveyance on sale by mortgagee by sub‑demise

89When section 88 takes effect

90Realization of equitable charges by the Court

91Sale of mortgaged property in action for redemption or foreclosure

92Power to authorize land and minerals to be dealt with separately

93Restriction on consolidation of mortgages

94Tacking and further advances

95Obligation to transfer instead of re-conveying

96Mortgagor entitled to inspection and copies of documents relating to mortgaged property

97Delivery of documents on extinguishment of mortgage

98Actions for possession by mortgagors

99Leasing powers of mortgagor and mortgagee in possession

100Powers of mortgagor and mortgagee in possession to accept surrenders of leases

101Powers incident to estate or interest of mortgagee

102Power to appoint receiver in the case of mortgage under the Transfer of Land Act 1958

103Regulation of exercise of power of sale

104Conveyance on sale

105Application of proceeds of sale

106Provisions as to exercise of power of sale

107Mortgagee's receipts, discharges etc.

108Amount and application of insurance money

109Appointments, powers, remuneration and duties of receiver

110Application of insurance money by receiver

111Effect of bankruptcy of the mortgagor on the power to sell or appoint a receiver

112Effect of advance on joint account

113Notice of trusts affecting mortgage debts

114Transfers of mortgages

115Re-conveyances of mortgages by indorsed receipts under seal

116Cesser of mortgage terms

117Forms of statutory legal charges

118Forms of statutory transfers of mortgages

119Effect of statutory transfer

120Effect of covenantor joining in deed of transfer

121Statutory transfer and mortgage combined

122Application to statutory transfers under former Acts

123Implied covenants, joint and several

124Form of discharge of statutory mortgage or charge

Rentcharges

125Remedies for the recovery of annual sums charged on land

126Rule against perpetuities not to apply to powers etc. under section 125

127Creation of rentcharges charged on another rentcharge

128Power in section 127 to be substituted for remedies in section 125

129Application of sections 127 and 128

Division 4—Effect of certain limitations

Legal Assignments of Things in Action etc.

130Abolition of the Rule in Shelley's case

132Restriction on executory limitations

132AVoluntary waste

133Equitable waste

134Legal assignments of things in action

135Limitation in the case of certain assignments

Division 5—Leases and tenancies

136Division to apply to leases under Transfer of Land Act 1958

137Lessor or lessee may obtain decision of Court as to claims for damages etc.

138Tenant not to be prejudiced without notice

139Effect of extinguishment or reversion

140Apportionment of conditions on severance

141Rent and benefit of lessee's covenants to run with the reversion

142Obligation of lessor's covenants to run with reversion

143Effect of licences granted to lessees

144No fine to be exacted for licence to assign

145Lessee to give notice of ejectment to lessor

146Restrictions and relief against forfeiture of leases and under-leases

147Relief against notice to effect decorative repairs

148Waiver of a covenant in a lease

149Abolition of interesse termini, and as to reversionary leases and leases for lives

150Surrender of a lease without prejudice to under‑leases with a view to the grant of a new lease

151Attornments by tenants

152Leases invalidated by reason of non-compliance with terms of powers under which they are granted

153Enlargement of residue of long terms into fee-simple estates

154Application of this Division to existing leases

Division 5A—Removal of buildings and fixtures

154ATenant may remove buildings and fixtures

Division 6—Powers

155Disclaimer of powers

156Effect of disclaimer etc.

157Protection of purchasers claiming under certain void appointments

158Validation of appointments where objects are excluded or take illusory shares

159Execution of powers not testamentary

160Application of this Division to existing powers

Charitable Dispositions by Will

163Construction of certain dispositions by will to charities

Division 8—Married women

Married Women

167Abolition of separate examination of, acknowledgment by married women, and of concurrence of husband

168Disclaimer by married woman

169Power for Court to bind interest of married woman

170Acquisitions and dispositions of trust estates by married women

Division 8A—Persons who are mentally ill

171Power for Court to settle the beneficial interests of a represented patient

Division 9—Voidable dispositions

172Voluntary conveyances to defraud creditors

173Voluntary disposition with intent to defraud

174Subsequent conveyance not to be evidence of intent to defraud

175Acquisitions of reversions at an under value

Division 10—Miscellaneous

Corporations

176Corporations sole

177Provision for vacancy

178Transactions

179Dissolution of a corporation

General

180Protection of legal practitioner and trustees adopting this Part

181Further powers etc. admissible

182Protection of trustees etc.

183Fraudulent concealment of documents and falsification of pedigrees

184Presumption of survivorship in regard to claims to property

185Merger

186Rights of pre-emption capable of release

187Power to direct division of chattels

187ATransitional provision—Property (Co‑ownership) Act 2005

188Indemnities against rents

189Enforcement of covenants etc. relating to indemnity against rent

Redemption and Apportionment of Rents &c.

190Equitable apportionment of rents and remedies for non‑payment or breach of covenant

Contingent Remainders and Uses

191Contingent remainders protected against the premature failure of a preceding estate

192Cases in which contingent remainders capable of taking effect

193Provision for cases of future and contingent uses

Easements

194Grants of easements etc. by way of use

195Right not deemed to exist by reason only of enjoyment or presumption of lost grant

196Grant of easement not to be presumed from evidence only of user etc.

197Certain rights of road made appurtenant

Notices

198Regulations respecting notices

199Restrictions on constructive notice

200Notice of restrictive covenants and easements

Division 11—Jurisdiction and general provisions

201Provisions of Act to apply to incorporeal hereditaments

202Payment into Court

205Orders of Court conclusive

206Forms of deeds

207Application to the Crown

Part III—Real estates liable for debts. Effect of judgments. Lis pendens and execution. Protection of purchasers etc. against judgments etc. Lands etc. of accountants to Crown

208Lands etc. liable to satisfy debts

209Executions in order to bind land to be registered

210Executions after five years to be re-registered

211Provision for re-registration explained

212Executions as between parties not to be affected

213Purchasers not to be affected by any lis pendens unless suit duly registered

214Recognisances entered into not to affect purchasers unless duly registered as directed by this Act

215Crown to re-register

216Quietus to debtors or accountants to the Crown to be registered

217Discharge of the estates of debtors or accountants to the Crown

218Discharge of part of the estate of a debtor or accountant to the Crown not to affect claim of the Crown on other lands liable

219Execution by fieri facias etc.

220Sheriff may execute debtor's powers

Part IV—Co-owned land and goods

Division 1—Preliminary

221Application of Part to land

222Definitions

223Other forms of severance not affected

224Security interests not affected

Division 2—Sale and division

225Application for order for sale or division of co‑owned land or goods

226Who are parties to a proceeding?

227Adjournment of hearings—spouses or domestic partners

228What can VCAT order?

229Sale and division of proceeds to be preferred

230Order varying entitlements to land or goods

231VCAT may order appointment of trustees

232Other matters in VCAT orders

233Orders as to compensation and accounting

Division 3—Accounting

234Application for order for accounting

234AWho are parties to a proceeding?

234BWhat can VCAT order?

Division 4—Jurisdiction

234CJurisdiction

234DPowers of courts

234EMore appropriate forum

234FAppeals on questions of law not affected

234GSupreme Court—limitation of jurisdiction

Division 5—General

234HRegulations

234ITransitional provision—Property (Co‑ownership) Act 2005

Part V—Inheritance

235Definitions

236Last owner to be considered purchaser

237Heir entitled under will acquires land by devise and assurance creates estate by purchase

238When heirs take by purchase under limitations to the heirs or their ancestor

239Brothers or sisters shall trace descent through parent

240Lineal ancestor may be heir in preference to collateral persons claiming through him

241The male line to be preferred

242The mother of more remote male ancestor to be preferred to the mother of the less remote male ancestor

243Failure of male maternal ancestor

244Half blood if on the part of a male ancestor to inherit after the whole blood of the same degree if on the part of a female ancestor after her

245After the death of a person attainted his descendants may inherit

246Extent of Part

247Limitations made before the passing of the Real Property Statute 1864

Part VI—Estates tail

248Definitions

249Tenancies in tail to pass the fee-simple

250Where successive life estates are given to parent and child with estate tail to grandchild parent and child may bar the entail as if the estate tail were given to the child

251Power to tenants in tail in possession to dispose of land by specific devise or bequest

252Power to dispose of lands entailed saving the rights of certain persons

253Acknowledgments of deeds

254Certificate to be evidence of acknowledgment

255Extent of the estate created by a tenant in tail by way of mortgage or for any other limited purpose

256A voidable estate by a tenant in tail in favour of a purchaser

257Tenant in tail to make a disposition by deed as if seised in fee but not by contract

258Assurance by a tenant in tail to be inoperative unless acknowledged

259Equity excluded from giving any effect to dispositions by tenants in tail which in courts of law would not be effectual

260Trustee in bankruptcy in the case of the bankruptcy of a tenant in tail by deed to dispose of the land of the bankrupt to a purchaser

261A voidable estate created in favour of a purchaser by a tenant in tail becoming bankrupt confirmed by the disposition of the trustee

262Acts of a bankrupt tenant in tail void against any disposition under this Act by the trustee

263The disposition by the trustee of the land of a bankrupt tenant in tail to have operation in the event of his death

264A bankrupt tenant in tail to retain his powers of disposition

265Trustee to recover rents of the lands of a bankrupt of which the trustee has power to make disposition

266Application of previous clauses to lands to be sold where the purchase money is subject to be invested in the purchase of lands to be entailed

Part VII—Survey boundaries

267Definition

268Crown survey boundaries as marked on the ground to be deemed the true boundaries

269Crown grant or lease to be deemed to convey the land within the survey boundaries

270As to aliquot parts of Crown sections having excess of area

271How Crown survey boundaries may be proved in the absence of survey marks

272Margin of error allowed in description of boundaries

273Provisions of Part to apply to land under general law and Transfer of Land Act 1958

Part VIII—Recovery of property etc. on determination of a life or lives

274Person wrongfully holding over after the determination of a life to be liable in damages

Schedules

First Schedule

Third Schedule—General conditions of sale of land

Fourth Schedule—Implied covenants

Fifth Schedule—Form of transfer of mortgage

Sixth Schedule—Form of receipt under seal on discharge of a mortgage

Seventh Schedule—Statutory mortgage

Eighth Schedule—Short forms of deeds

Ninth Schedule

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Endnotes

1      General information

2      Table of Amendments

3      Explanatory details

Version No. 142

Property Law Act 1958

No. 6344 of 1958

Version incorporating amendments as at

1 July 2024

An Act to consolidate the Law relating to Conveyancing and the Law of Property.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1Short title and commencement

This Act may be cited as the Property Law Act 1958 and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

2Repeals and savings

(1)The Acts mentioned in the First Schedule to the extent thereby expressed to be repealed are hereby repealed accordingly.

(2)Except as in this Act expressly or by necessary implication provided—

(a)all persons things and circumstances appointed or created by or under the repealed Acts or existing or continuing under any of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed;

(b)in particular and without affecting the generality of the foregoing paragraph such repeal shall not disturb the continuity of status operation or effect of any dealing transaction title rule regulation order instrument deposit registration delegation acknowledgment undertaking release covenant proceeding direction trust licence application appointment declaration consent certificate contract agreement notice liability privilege power or right made effected issued granted given presented passed fixed incurred accrued or acquired or existing or continuing by or under any of such Acts before the commencement of this Act.

(3)Where in any provision of this Act the expression "after the commencement of this Act" (otherwise than in the expression "before or after the commencement of this Act") occurs and the same expression occurs in the corresponding provision of the Property Law Act 1928 the said expression shall (where the circumstances are applicable) be construed so as to include a reference to the commencement of the Property Law Act 1928[1].

3Definitions

In this Act—

Court means—

(a)in relation to property or an estate or interest in property the value of which does not exceed the jurisdictional limit of the County Court, the Supreme Court or the County Court;

(b)in any other case, the Supreme Court;

legal practitioner means an Australian legal practitioner.

PART I—REGISTRATION OF CONVEYANCES ETC. AFFECTING LAND OTHER THAN LAND UNDER THE TRANSFER OF LAND ACT. DEPOSIT OF DOCUMENTS[2]

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5Registrar-General

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(2)A Registrar-General and any Deputy Registrars-General that are necessary for the purposes of this Act may be employed under Part 3 of the Public Administration Act 2004.

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(4)All acts and things by this or any other Act required or authorized to be done by the Registrar‑General may be done by any Deputy Registrar-General and every act and thing done by any Deputy Registrar-General shall be as valid and effectual as if the same had been done by the Registrar-General.

6Registration of deeds, conveyances etc.

(1)All deeds conveyances and other instruments in writing (except leases for less than three years) of or relating to or in any manner affecting any lands tenements or hereditaments situated lying and being in Victoria may be entered and registered in the office of the Registrar-General in the manner hereinafter directed; and all such deeds conveyances and other instruments in writing as aforesaid, if made and executed bona fide and for a valuable consideration and registered in conformity with the provisions of this Act, shall have and be allowed priority over every other deed conveyance or other instrument in writing (that is to say)—The deed conveyance or other instrument in writing first registered in the office of the Registrar-General, if the same be registered in conformity with this Act, shall have priority in respect of all lands tenements or hereditaments conveyed or affected by such deed conveyance or other instrument in writing over every other deed conveyance or other instrument in writing whatsoever and howsoever conveying or affecting the same lands tenements or hereditaments; and the deed conveyance or other instrument in writing next registered as aforesaid mutatis mutandis shall have priority over every other deed conveyance or instrument in writing as aforesaid; and so on according to the priority of the time of registering such deed conveyance or instrument in writing as aforesaid.

(2)Despite subsection (1), no deed conveyance or other instrument may be registered in the office of the Registrar-General under that subsection on and from the commencement of section 6 of the Transfer of Land (Single Register) Act 1998.

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13Fees to be paid on registration

(a)There shall be paid to the Registrar-General in respect of matters under this Act such fees as are prescribed by regulations under this section.

(b)The Governor in Council may make regulations for or with respect to prescribing fees to be paid to the Registrar-General in respect of any matter under this Act.

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15Deeds etc. may be deposited with Registrar-General

Any person who now has or shall hereafter have the lawful custody of any deeds or documents relating to the title of any real or personal estate may deposit such deeds or documents with the Registrar-General; and from and after such deposit such deeds or documents shall be retained by such registrar. And no action or suit at law or in equity shall be brought or maintained upon any covenant or agreement for the production of the deeds or documents so deposited, or upon any agreement to give or enter into a covenant for the production thereof; and if any such action or suit is commenced, it shall be a sufficient answer thereto that such deeds or documents have been deposited under this enactment.

15ADeposited documents

(1)Despite anything to the contrary in section 15 the Registrar-General must on request return to the person who deposited it a deed or document—

(a)that relates to land brought under the operation of the Transfer of Land Act 1958 and that is a subsisting lease mortgage or charge under the general law; or

(b)that relates to land part of which is, and part of which is not, under the operation of the Transfer of Land Act 1958, and—

(i)that is a lease mortgage or charge; or

(ii)that is the last deed that constitutes or the last deeds that together constitute, the fee or equity of redemption.

(2)Before returning a document under this section the Registrar-General must take a copy of the document and retain it with the other deeds and documents deposited under section 15.

15BCourt may order deposit of documents

(1)On the application of the Registrar of Titles or on the application of a person who under a covenant or agreement may compel another person to produce a document the Supreme Court may by order require a person specified in the order to deposit with the Registrar-General a document specified in the order.

(2)Sections 15 and 15A apply to a document deposited in accordance with an order under subsection (1).

15CPerson may direct document to be deposited

(1)A person who under a covenant or agreement may compel another person to produce a document may direct that other person to deposit the document with the Registrar-General and that other person must comply with the direction.

(2)Sections 15 and 15A apply to a document deposited under this section.

15DDeposit of document without instructions

A person who has lawful custody of a document may deposit it with the Registrar-General under section 15 even though the person has not been instructed or authorised to deposit the document by the person on whose behalf the document is held.

16Deeds etc. deposited may be inspected etc.

Subject to such regulations as may be imposed and to the payment of such sums as may be made payable in that behalf by the Governor in Council, any person may inspect and make copies of and extracts from deeds and documents deposited as aforesaid[3].

17False oaths and affirmations made punishable

Every person who at any time wilfully forswears himself or states anything contrary to the truth in any oath or affirmation taken under the authority of this Part shall be liable to the penalties of perjury.

PART II—THE GENERAL LAW OF PROPERTY AND CONVEYANCING

18Definitions

(1)In this Part unless inconsistent with the context or subject-matter—

bankruptcy includes insolvency and liquidation by arrangement and also any other act or proceeding in law having under any law for the time being in force effects or results similar to those of bankruptcy[4];

building purposes includes the erecting and improving of and the adding to, and the repairing of buildings; and a building lease is a lease for building purposes or purposes connected therewith;

conveyance includes a mortgage, charge, lease, assent, vesting declaration,[5] disclaimer, release, surrender, extinguishment and every other assurance of property or of an interest therein by any instrument, except a will; convey has a corresponding meaning;

disposition includes a conveyance and also a devise, bequest, or an appointment of property contained in a will; and dispose of has a corresponding meaning;

income includes rents and profits;

incumbrance includes a legal or equitable mortgage and a trust for securing money, and a lien, and a charge of a portion, annuity, or other capital or annual sum; and incumbrancer has a meaning corresponding with that of incumbrance, and includes every person entitled to the benefit of an incumbrance, or to require payment or discharge thereof;

instrument includes deed and will but does not include a statute, unless the statute creates a settlement;

land includes land of any tenure, and mines and minerals whether or not held apart from the surface, buildings or parts of buildings (whether the division is horizontal, vertical or made in any other way) and other corporeal hereditaments; also a rent and other incorporeal hereditaments,[6] and an easement, right, privilege, or benefit in, over, or derived from the land and also an undivided share in land; and mines and minerals include any strata or seam of minerals or substances in or under any land, and powers of working and getting the same;

limitation includes a trust;

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mining lease means a lease for mining purposes, that is the searching for, winning, working, getting, making merchantable, carrying away, or disposing of mines and minerals, or purposes connected therewith, and includes a grant or licence for mining purposes;

mortgage includes any charge or lien on any property for securing money or money's worth; mortgage money means money or money's worth secured by a mortgage; mortgagor includes any person from time to time deriving title under the original mortgagor or entitled to redeem a mortgage according to his estate interest or right in the mortgaged property; mortgagee includes any person from time to time deriving title under the original mortgagee; and mortgagee in possession is, for the purposes of this Act, a mortgagee who, in right of the mortgage, has entered into and is in possession of the mortgaged property; and right of redemption includes an option to repurchase only if the option in effect creates a right of redemption;

notice includes constructive notice;

personal representative means the executor, original or by representation, or administrator for the time being of a deceased person;

possession includes receipt of rents and profits or the right to receive the same (if any);

property includes any thing in action, and any interest in real or personal property;

purchaser means a purchaser in good faith for valuable consideration and includes a lessee, mortgagee or other person who for valuable consideration acquires an interest in property except that where so expressly provided purchaser means a person only who acquires an interest in or charge on property for money or money's worth; and where the context so requires purchaser includes an intending purchaser; purchase has a meaning corresponding with that of purchaser; and valuable consideration includes marriage but does not include a nominal consideration in money;

registered land means land registered under the Transfer of Land Act 1958; and registrar means Registrar of Titles under that Act;

rent includes a rent service or a rentcharge, or other rent toll, duty, royalty, or annual or periodical payment in money or money's worth, reserved or issuing out of or charged upon land, but does not include mortgage interest; rentcharge includes a fee farm rent; fine includes a premium or foregift and any payment consideration, or benefit in the nature of a fine, premium or foregift; lessor includes an under-lessor and a person deriving title under a lessor or under-lessor; and lessee includes an under-lessee and a person deriving title under a lessee or under‑lessee, and lease includes an under‑lease or other tenancy;

sale means a sale properly so called;

securities include stocks, funds and shares;

tenant for life, statutory owner, settled land, settlement, capital money, term of years absolute and trustees of the settlement have the same meaning as in the Settled Land Act 1958;

trustee company means a trustee company under the Trustee Companies Act 1958;

trust for sale, in relation to land, means an immediate binding trust for sale, whether or not exercisable at the request or with the consent of any person, and with or without a power at discretion to postpone the sale; trustees for sale means the persons (including a personal representative) holding land on trust for sale; and power to postpone a sale means power to postpone in the exercise of a discretion;

will includes codicil and every other testamentary disposition.

(2)Subject to the savings mentioned in section two of this Act this Part shall except where otherwise expressly provided apply to and in respect of instruments whether made or coming into operation before or after the commencement of this Act.

18ALand may be assured in fee simple

Land held of the Crown in fee simple may be assured in fee simple without licence and without fine and the person taking the assurance shall hold the land of the Crown in the same manner as the land was held before the assurance took effect.

Division 1—General principles

Subdivision 1—Miscellaneous

19AInterests in land under the Statute of Uses

(1)Interests in land which under the Statute of Uses could before the commencement of this section have been created as legal interests shall after the commencement of this section be capable of being created as equitable interests.

(2)Notwithstanding subsection (1) an equitable interest in land shall after the commencement of this section only be capable of being validly created in any case in which an equivalent equitable interest in property real or personal could have been validly created before such commencement.

(3)In a voluntary conveyance executed after the commencement of this section, a resulting trust for the grantor shall not be implied merely by reason that the property is not expressed to be conveyed for the use or benefit of the grantee.

(4)Subsection (3) does not limit or affect the operation of any principle or rule of equity relating to the implication of resulting trusts.

19Power to dispose of all rights and interests in land

(1)All rights and interests in land may be disposed of, including—

(a)a contingent, executory or future interest in any land, or a possibility coupled with an interest in any land, whether or not the object of the gift or limitation of such interest or possibility be ascertained;

(b)a right of entry, into or upon land whether immediate or future, and whether vested or contingent—

but no such disposition shall defeat or enlarge an estate tail.

(2)All rights of entry affecting a legal estate which are exercisable on condition broken or for any other reason may, after the commencement of this Act, be made exercisable by any person and the persons deriving title under him, but, in regard to an estate in fee-simple (not being a rentcharge held for a legal estate) only within the period authorized by the rule relating to perpetuities.

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

(1)Where the purposes of a term of years, created or limited at any time out of freehold land, become satisfied either before or after the commencement of this Act (whether or not that term either by express declaration or by construction of law becomes attendant upon the freehold reversion), it shall merge in the reversion expectant thereon and shall cease accordingly.

(2)Where the purposes of a term of years, created or limited at any time out of leasehold land, become satisfied after the commencement of this Act, that term shall merge in the reversion expectant thereon and shall cease accordingly.

(3)Where the purposes are satisfied as respects part only of the land comprised in a term, this section shall have effect as if a separate term had been created in regard to that part of the land.

21Husband and wife to be counted as two persons

A husband and wife shall, for all purposes of acquisition of any interest in property, under a disposition made or coming into operation after the twenty-eighth day of September One thousand nine hundred and fourteen, be treated as two persons.

22Vesting orders etc. of legal estates operating as conveyances

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(2)The provisions of the Trustee Act 1958 relating to vesting orders and orders appointing a person to convey shall apply to all vesting orders authorized to be made by this Division.

23Abstract of title to legal estates

(1)Where title is shown to a legal estate in land, it shall be deemed not necessary or proper to include in the abstract of title an instrument relating only to interests or powers which will be overreached by the conveyance of the estate to which title is being shown; but nothing in this Division shall affect the liability of any person to disclose an equitable interest or power which will not be so overreached, or to furnish an abstract of any instrument creating or affecting the same.

(2)A legal practitioner delivering an abstract framed in accordance with this Division shall not incur any liability on account of an omission to include therein an instrument which, under this section, is to be deemed not necessary or proper to be included, nor shall any liability be implied by reason of the inclusion of any such instrument.

24Effect of possession of documents

This Part shall not prejudicially affect the right or interest of any person arising out of or consequent on the possession by him of any documents relating to a legal estate in land, nor affect any question arising out of or consequent upon any omission to obtain or any other absence of possession by any person of any documents relating to a legal estate in land.

25Interests of persons in possession

Nothing in this Division shall prejudicially affect the interest of any person in possession or in actual occupation of land to which he may be entitled in right of such possession or occupation.

26Presumption that parties are of full age

The persons expressed to be parties to any conveyance shall, until the contrary is proved, be presumed to be of full age at the date thereof.

27Alien friends may hold etc. real and personal property

Notwithstanding any law or usage to the contrary every alien friend resident in Victoria may take by representation, acquire and hold either by grant from the Crown or otherwise and may convey, assign, devise, bequeath or otherwise dispose of every description of property whether real or personal in the same manner as if he was a natural born subject of His Majesty.

28Power for corporations to hold property as joint tenants

(1)A body corporate shall be capable of acquiring and holding any real or personal property in joint tenancy in the same manner as if it were an individual, and where a body corporate and an individual or two or more bodies corporate become entitled to any such property in circumstances or by virtue of any instrument which would if the body corporate had been an individual have created a joint tenancy they shall be entitled to the property as joint tenants:

Provided that the acquisition and holding of property by a body corporate in joint tenancy shall be subject to the like conditions and restrictions as attach to the acquisition and holding of property by a body corporate in severalty.

(2)Where a body corporate is joint tenant of any property then on its dissolution the property shall devolve on the other joint tenant.

(3)This section shall apply in all cases of the acquisition or holding of property on or after the eighth day of August One thousand nine hundred and two.

28ALiability of co-owner to account

(1)A co-owner is liable, in respect of the receipt by him or her of more than his or her just or proportionate share according to his or her interest in the property, to account to any other co-owner of the property.

(2)In this section, co-owner means a joint tenant, whether at law or in equity, or a tenant in common, whether at law or in equity, of any property.

28BCertain contracts with minors to be valid

(1)Notwithstanding anything to the contrary in section 49 of the Supreme Court Act 1986 or in any rule of common law or equity the following contracts, whether entered into before or after the commencement of the Property Law (Loans to Minors) Act 1965 shall be as valid and binding on a minor for all purposes as if the minor were of full age at the time he entered into the contract, namely—

(a)any contract at any time entered into by a minor member—

(i)of a building society registered under the Building Societies Act 1986 or any corresponding previous enactment;

(ii)of a co-operative registered under the Co‑operatives National Law (Victoria) or any corresponding previous enactment;

(iii)of a co-operative housing society registered under the Co-operative Housing Societies Act 1958 or any corresponding previous enactment; and

(iv)of any industrial and provident society registered under the Industrial and Provident Societies Act 1958 or any corresponding previous enactment—

for the repayment of moneys lent or advanced or to be lent or advanced to the minor by any such society;

(aa)any contract at any time entered into by a minor—

(i)with a building society registered under the Building Societies Act 1986 or any corresponding previous enactment; or

(ii)with an industrial and provident society registered under the Industrial and Provident Societies Act 1958 or any corresponding previous enactment—

for the repayment of moneys lent or advanced or to be lent or advanced to the minor by any such society;

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(2)A minor who has entered into any contract referred to in the last preceding subsection, whether before or after the commencement of the Property Law (Loans to Minors) Act 1965, shall not at any time be entitled on any ground relating to his minority or former minority to avoid any of his obligations under the contract or under any instrument executed by the minor whereby the repayment of any moneys lent or advanced is secured or to repudiate any contract transfer conveyance or assignment relating to any property charged by any such instrument.

(3)Any instrument executed or purporting to have been executed by a minor by way of security for the repayment of any moneys lent or advanced or to be lent or advanced to the minor in pursuance of a contract of a kind referred to in subsection (1) of this section shall be as valid and effectual for all purposes as if the minor were of full age and capacity at the time he executed the instrument.

(4)For the purposes of this section—

(a)any reference in this section to a contract entered into by a minor shall be read and construed as including reference to a contract entered into by a minor jointly with some other person or persons (whether of full age or not);

(b)any reference in this section to moneys lent or advanced or to be lent or advanced to a minor shall be read and construed as including reference to moneys lent or advanced or to be lent or advanced to the order of a minor or to a minor jointly with some other person or persons (whether of full age or not); and

(c)any reference in this section to an instrument executed by a minor shall be read and construed as including reference to an instrument executed by a minor jointly with some other person or persons (whether of full age or not).

29Receipts by married minors

A married minor shall have power to give valid receipts for all income (including statutory accumulations of income made during the minority) to which the minor may be entitled in like manner as if the minor were of full age[7].

30Conveyances on behalf of patients

(1)Where a legal estate in land (whether settled or not) is vested in a patient within the meaning of the Mental Health andWellbeing Act 2022 for whom an administrator is appointed in an administration order made under the Guardianship and Administration Act 2019, either solely or jointly with any other person or persons, the administrator shall, under an order of the Court, or under any statutory power, make or concur in making all requisite dispositions for conveying or creating a legal estate in the name and on behalf of that patient.

(2)If land held on trust for sale is vested in a patient within the meaning of the Mental Health andWellbeing Act 2022 for whom a guardian is appointed under the Guardianship and Administration Act 2019 either solely or jointly with any other person or persons, a new trustee shall be appointed in his place, or he shall be otherwise discharged from the trust, before the legal estate is dealt with under the trust for sale or under the powers vested in the trustees for sale.

Subdivision 2—Dispositions on trust for sale

31Duration of trusts for sale

Where land has, either before or after the commencement of this Act, become subject to an express or implied trust for sale, such trust shall, so far as regards the safety and protection of any purchaser thereunder, be deemed to be subsisting until the land has been conveyed to or under the direction of the persons interested in the proceeds of sale.

This section shall apply to sales whether made before or after the commencement of this Act, but operates without prejudice to an order of any court restraining a sale.

32Power to postpone sale

(1)A power to postpone sale shall, in the case of every trust for sale of land, be implied unless a contrary intention appears[8].

(2)Where there is a power to postpone the sale, then (subject to any express direction to the contrary in the instrument, if any, creating the trust for sale) the trustees for sale shall not be liable in any way for postponing the sale, in the exercise of their discretion, for any indefinite period; nor shall a purchaser of a legal estate be concerned in any case with any directions respecting the postponement of a sale.

(3)The foregoing provisions of this section shall apply whether the trust for sale is created before or after the commencement or by virtue of this Part[9].

(4)Where a disposition or settlement coming into operation after the commencement of this Act contains a trust either to retain or sell land the same shall be construed as a trust to sell the land with power to postpone the sale.

33Consents to the execution of a trust for sale

(1)If the consent of more than two persons is by the disposition made requisite to the execution of a trust for sale of land, then, in favour of a purchaser, the consent of any two of such persons to the execution of the trust or to the exercise of any statutory or other powers vested in the trustees for sale shall be deemed sufficient.

(2)Where the person whose consent to the execution of any such trust or power is expressed to be required in a disposition is not sui juris or becomes subject to disability, his consent shall not, in favour of a purchaser, be deemed to be requisite to the execution of the trust or the exercise of the power; but the trustees shall, in any such case, obtain the separate consent of the parent or testamentary or other guardian of a minor or of the committee of a lunatic.

(3)This section shall apply whether the trust for sale is created before or after the commencement of this Act or by virtue of this Part[10].

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

A purchaser of a legal estate from trustees for sale shall not be concerned with the trusts affecting the proceeds of sale of land subject to a trust for sale or affecting the rents and profits of the land until sale, whether or not those trusts are declared by the same instrument by which the trust for sale is created.

35Powers conferred on trustees for sale

(1)Trustees for sale shall, in relation to land and to the proceeds of sale, have all the powers of a tenant for life and the trustees of a settlement under the Settled Land Act 1958, including in relation to the land the powers of management conferred by that Act during a minority,[11] and (subject to any express trust to the contrary) all capital money arising under the said powers shall, unless paid or applied for any purpose authorized by the Settled Land Act 1958,[12] be applicable in the same manner as if the money represented proceeds of sale arising under the trust for sale.

All land acquired under this subsection shall be conveyed to the trustees on trust for sale.

The powers conferred by this subsection shall be exercised with such consents (if any) as would have been required on a sale under the trust for sale, and when exercised shall operate to overreach any equitable interests or powers which attach to the net proceeds of sale.

(2)Subject to any direction to the contrary in the disposition on trust for sale or in the settlement of the proceeds of sale, the net rents and profits of the land until sale, after keeping down costs of repairs and insurance and other outgoings shall be paid or applied, except so far as any part thereof may be liable to be set aside as capital money under the Settled Land Act 1958,[13] in like manner as the income of investments representing the purchase money would be payable or applicable if a sale had been made and the proceeds had been duly invested.

(3)Where the net proceeds of sale have under the trusts affecting the same become absolutely vested in persons of full age in undivided shares (whether or not such shares may be subject to a derivative trust) the trustees for sale may, with the consent of the persons (if any) of full age, not being annuitants, interested in possession in the net rents and profits of the land until sale—

(a)partition the land remaining unsold or any part thereof; and

(b)provide (by way of mortgage or otherwise) for the payment of any equality money—

and, upon such partition being arranged, the trustees for sale shall give effect thereto by conveying the land so partitioned in severalty (subject or not to any legal mortgage created for raising equality money) to persons of full age in accordance with the rights of the persons interested under the partition, but a purchaser shall not be concerned to see or inquire whether any such consent as aforesaid has been given:

Provided that—

(i)if a share in the net proceeds belongs to a lunatic the consent of his committee shall be sufficient to protect the trustees for sale;

(ii)if a share in the net proceeds is affected by an incumbrance the trustees for sale may either give effect thereto or provide for the discharge thereof by means of the property allotted in respect of such share, as they may consider expedient.

(4)If a share in the net proceeds is absolutely vested in a minor, the trustees for sale may act on his behalf and retain land (to be held on trust for sale) or other property to represent his share, but in other respects the foregoing power shall apply as if the minor had been of full age.

(5)This section shall apply to dispositions on trust for sale coming into operation either before or after the commencement or by virtue of this Part[14].

36Delegation of powers of management by trustees for sale[15]

(1)The powers of and incidental to leasing, accepting surrenders of leases and management, conferred on trustees for sale whether by this Part or otherwise, may, until sale of the land, be revocably delegated from time to time, by writing, signed by them, to any person of full age (not being merely an annuitant) for the time being beneficially entitled in possession to the net rents and profits of the land during his life or for any less period; and in favour of a lessee such writing shall, unless the contrary appears, be sufficient evidence that the person named therein is a person to whom the powers may be delegated, and the production of such writing shall, unless the contrary appears, be sufficient evidence that the delegation has not been revoked.

(2)Any power so delegated shall be exercised only in the names and on behalf of the trustees delegating the power.

(3)The persons delegating any power under this section shall not, in relation to the exercise or purported exercise of the power, be liable for the acts or defaults of the person to whom the power is delegated, but that person shall, in relation to the exercise of the power by him, be deemed to be in the position and to have the duties and liabilities of a trustee.

(4)Where, at the commencement of this Act, an order made under section one hundred and thirty-six of the Settled Estates and Settled Land Act 1915 or any corresponding previous enactment, is in force, the person on whom any power is thereby conferred shall, while the order remains in force, exercise such power in the names and on behalf of the trustees for sale in like manner as if the power had been delegated to him under this section.

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

If the trustees for sale refuse to sell or to exercise any of the powers conferred by either of the last two preceding sections, or any requisite consent cannot be obtained, any person interested may apply to the Court for a vesting or other order for giving effect to the proposed transaction or for an order directing the trustees for sale to give effect thereto, and the Court may make such order as it thinks fit.

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

(1)Where any property, vested in trustees by way of security, becomes, by virtue of the statutes of limitation, or of an order for foreclosure or otherwise, discharged from the right of redemption,[16] it shall be held by them on trust for sale.

(2)The net proceeds of sale, after payment of costs and expenses, shall be applied in like manner as the mortgage debt, if received, would have been applicable, and the income of the property until sale shall be applied in like manner as the interest, if received, would have been applicable; but this subsection shall operate without prejudice to any rule of law relating to the apportionment of capital and income between tenant for life and remainderman.

(3)This section shall not affect the right of any person to require that, instead of a sale, the property shall be conveyed to him or in accordance with his directions.

(4)Where the mortgage money is capital money for the purposes of the Settled Land Act 1958 the trustees shall if the tenant for life or statutory owner so requires instead of selling any land forming the whole or part of such property make such conveyance or execute such declaration of trust of the same as may be required for giving effect to the directions contained in section eighty‑two of the said Act and as if the land had been acquired by purchase under that section.

(5)This section shall apply whether the right of redemption was discharged before or after the first day of January One thousand nine hundred and thirteen, but shall have effect without prejudice to any dealings or arrangements made before that date.

39Implied trust for sale in personalty settlements

(1)Where a settlement of personal property or of land held upon trust for sale contains a power to invest money in the purchase of land, such land shall, unless the settlement otherwise provides, be held by the trustees on trust for sale; and the net rents and profits until sale, after keeping down costs of repairs and insurance and other outgoings shall be paid or applied in like manner as the income of investments representing the purchase money would be payable or applicable if a sale had been made and the proceeds had been duly invested in personal estate.

(2)This section shall apply to settlements (including wills) coming into operation after the thirty-first day of December One thousand nine hundred and thirteen, and shall not apply to capital money arising under the Settled Land Act 1958 or any corresponding previous enactment or money liable to be treated as such.

40Application of this Division to personal representatives

The provisions of this Division relating to trustees for sale apply to personal representatives holding on trust for sale, but without prejudice to their rights and powers for purposes of administration.

Division 2—Contracts, conveyances and other instruments

Contracts

41Stipulations in a contract

Stipulations in a contract, as to time or otherwise, which according to rules of equity are not deemed to be or to have become of the essence of the contract, shall be construed and have effect at law in accordance with the same rules.

42Provisions as to contracts

(1)A stipulation that a purchaser of a legal estate in land shall accept a title made with the concurrence of any person entitled to an equitable interest shall be void, if a title can be made discharged from the equitable interest without such concurrence—

(a)under a trust for sale; or

(b)under this Act, or the Settled Land Act 1958, or any other Act.

(2)A stipulation that a purchaser of a legal estate in land shall pay or contribute towards the costs of or incidental to obtaining a vesting order, or the appointment of trustees of a settlement, or the appointment of trustees in relation to a trust for sale, shall be void.

(3)No contract of sale relating to land shall contain a clause or condition stipulating for the payment by the purchaser to the vendor or to the legal practitioner or conveyancer of the vendor of any costs and expenses except—

(a)costs and expenses incurred by the vendor by reason of default on the part of the purchaser in respect of the observance or performance of any of the terms or conditions of the contract;

(b)such costs and expenses as are payable by the purchaser pursuant to—

(i)conditions of sale of land not under the operation of the Transfer of Land Act 1958 which conditions are adopted pursuant to section forty-six of this Act; or

(ii)conditions to the like effect of sale of such land; and

(c)costs and expenses of perusal and obtaining the execution and registration of any conveyance transfer or other assurance of any land being part only of the land which is the subject-matter of such contract of sale.

(4)A stipulation contained in any contract for the sale or exchange of land made after the commencement of this Act, to the effect that an outstanding legal estate is to be traced or got in by or at the expense of a purchaser, or that no objection is to be taken on account of an outstanding legal estate, shall be void.

(5)Where a purchaser has power to acquire land compulsorily and a contract, whether by virtue of a notice to treat or otherwise, is subsisting under which title can be made without payment of the compensation money into court, title shall be made in that way unless the purchaser, to avoid expense or delay or for any special reason, considers it expedient that the money should be paid into court.

(6)A vendor shall not have any power to rescind a contract by reason only of the enforcement of any right under this section.

(7)In this section—

conveyancer means a licensee under the Conveyancers Act 2006.

43Application of section 42

The last preceding section shall apply only in favour of a purchaser for money or money's worth.

44Statutory commencements of title

(1)Thirty years shall be the period of commencement of title which a purchaser of land may require instead of an earlier title commencing with the Crown grant; nevertheless earlier title than thirty years may be required in cases similar to those in which earlier title than forty years might immediately before the commencement of the Property Law Act 1928 be required.

(2)Under a contract to grant or assign a term of years, whether derived or to be derived out of freehold or leasehold land, the intended lessee or assign shall not be entitled to call for the title to the freehold.

(3)Under a contract to sell and assign a term of years derived out of a leasehold interest in land, the intended assign shall not have the right to call for the title to the leasehold reversion.

(4)On a contract to grant a lease for a term of years to be derived out of a leasehold interest, with a leasehold reversion, the intended lessee shall not have the right to call for the title to that reversion.

(5)Where by reason of any of the last three preceding subsections, an intending lessee or assign is not entitled to call for the title to the freehold or to a leasehold reversion, as the case may be, he shall not, where the contract is made after the commencement of this Act, be deemed to be affected with notice of any matter or thing of which, if he had contracted that such title should be furnished, he might have had notice.

(6)A purchaser shall not be deemed to be or ever to have been affected with notice of any matter or thing of which, if he had investigated the title or made inquiries in regard to matters prior to the period of commencement of title fixed by this Act, or by any other Act, or by any rule of law, he might have had notice, unless he actually makes such investigation or inquiries.

(7)Where a lease, whether made before or after the commencement of this Act, is made under a power contained in a settlement, will, Act of Parliament or other instrument, any preliminary contract for or relating to the lease shall not, for the purpose of the deduction of title to an intended assign, form part of the title, or evidence of the title, to the lease.

(8)This section, save where otherwise expressly provided, applies to contracts for sale whether made before or after the commencement of this Act, and applies to contracts for exchange in like manner as to contracts for sale, save that it applies only to contracts for exchange made after such commencement.

(9)This section shall apply only if and so far as a contrary intention is not expressed in the contract.

45Other statutory conditions of sale

(1)A purchaser of any property shall not—

(a)require the production, or any abstract or copy, of any deed, will or other document, dated or made before the time prescribed by law, or stipulated, for the commencement of the title, even though the same creates a power subsequently exercised by an instrument abstracted in the abstract furnished to the purchaser; or

(b)require any information, or make any requisition, objection or inquiry, with respect to any such deed, will or document, or the title prior to that time, notwithstanding that any such deed, will or other document, or that prior title, is recited, agreed to be produced, or noticed—

and he shall assume, unless the contrary appears, that the recitals, contained in the abstracted instruments, of any deed, will or other document, forming part of that prior title, are correct, and give all the material contents of the deed, will or other document so recited, and that every document so recited was duly executed by all necessary parties, and perfected, if and as required, by acknowledgment, or otherwise:

Provided that this subsection shall not deprive a purchaser of the right to require the production, or an abstract or copy of—

(i)any power of attorney under which any abstracted document is executed; or

(ii)any document creating or disposing of an interest, power or obligation which is not shown to have ceased or expired, and subject to which any part of the property is disposed of by an abstracted document; or

(iii)any document creating any limitation or trust by reference to which any part of the property is disposed of by an abstracted document.

(2)Where land sold is held by lease (other than an under-lease), the purchaser shall assume, unless the contrary appears, that the lease was duly granted; and, on production of the receipt for the last payment due for rent under the lease before the date of actual completion of the purchase, he shall assume, unless the contrary appears, that all the covenants and provisions of the lease have been duly performed and observed up to the date of actual completion of the purchase.

(3)Where land sold is held by under-lease, the purchaser shall assume, unless the contrary appears, that the under-lease and every superior lease were duly granted; and, on production of the receipt for the last payment due for rent under the under-lease before the date of actual completion of the purchase, he shall assume, unless the contrary appears, that all the covenants and provisions of the under-lease have been duly performed and observed up to the date of actual completion of the purchase, and further that all rent due under every superior lease, and all the covenants and provisions of every superior lease, have been paid and duly performed and observed up to that date.

(4)On a sale of any property, the following expenses shall be borne by the purchaser where he requires them to be incurred for the purpose of verifying the abstract or any other purpose, that is to say—

(a)the expenses of the production and inspection of all records, proceedings of courts, deeds, wills, probates, letters of administration and other documents, not in possession of the vendor or his mortgagee or trustee, and the expenses of all journeys incidental to such production or inspection; and

(b)the expenses of searching for, procuring, making, verifying and producing all certificates, declarations, evidences and information not in the possession of the vendor or his mortgagee or trustee, and all attested, stamped, office or other copies or abstracts of, or extracts from, any records or other documents aforesaid, not in the possession of the vendor or his mortgagee or trustee—

and where the vendor or his mortgagee or trustee retains possession of any document, the expenses of making any copy thereof, attested or unattested, which a purchaser requires to be delivered to him, shall be borne by that purchaser.

(5)On a sale of any property in lots, a purchaser of two or more lots, held wholly or partly under the same title, shall not have a right to more than one abstract of the common title, except at his own expense.

(6)Recitals, statements and descriptions of facts, matters and parties contained in deeds, instruments, Acts of Parliament or statutory declarations, twenty years old at the date of the contract, shall, unless and except so far as they are proved to be inaccurate, or to be inconsistent with any statutory record of any dealing, be taken to be sufficient evidence of the truth of such facts, matters and descriptions.

(7)The inability of a vendor to furnish a purchaser with an acknowledgment of his right to production and delivery of copies of documents of title or with a legal covenant to produce and furnish copies of documents of title shall not be an objection to title in case the purchaser will, on the completion of the contract, have an equitable right to the production of such documents.

(8)Such acknowledgments of the right of production or covenants for production and such undertakings or covenants for safe custody of documents as the purchaser can and does require shall be furnished or made at his expense, and the vendor shall bear the expense of perusal and execution on behalf of and by himself, and on behalf of and by necessary parties other than the purchaser.

(9)A vendor shall be entitled to retain documents of title where—

(a)he retains any part of the land to which the documents relate; or

(b)the document is an instrument creating a trust which is still subsisting, or an instrument relating to the appointment or discharge of a trustee of a subsisting trust.

(10)This section shall apply to contracts for sale made before or after the commencement of this Act, and shall apply to contracts for exchange in like manner as to contracts for sale, except that it shall apply only to contracts for exchange made after such commencement:

Provided that this section shall apply subject to any stipulation or contrary intention expressed in the contract.

(11)Nothing in this section shall be construed as binding a purchaser to complete his purchase in any case where, on a contract made independently of this section, and containing stipulations similar to the provisions of this section, or any of them, specific performance of the contract would not be enforced against him by the Court.

46Adoption of conditions of sale in Third Schedule

On any contract for sale whether by public auction or private contract of land not under the operation of the Transfer of Land Act 1958, the conditions of sale set out in the Third Schedule hereto may be adopted by inserting in the contract the words "The conditions of sale in the Property Law Act 1958 shall apply to this contract," or words having an equivalent meaning, and when so adopted the said conditions shall become and be conditions of such contract, subject nevertheless to any other condition or provision contained in the contract expressly or by necessary implication modifying or excluding any of them.

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

(1)Any stipulation or condition made on the sale of any land or interest in land after the commencement of this Act to the effect that the conveyance or transfer to, or the registration of the title of, the purchaser shall be prepared or carried out at the expense of the purchaser by a legal practitioner appointed by or acting for the vendor, and any stipulation which restricts or might restrict a purchaser in the selection of a legal practitioner to act on his behalf in relation to any land or interest in land agreed to be purchased, shall be void.

(2)Any covenant or stipulation contained in or entered into with reference to any lease or under‑lease made before or after the commencement of this Act—

(a)whereby the right of preparing, at the expense of a purchaser, any conveyance of the estate or interest of the lessee or under-lessee in the demised premises or in any part thereof, or of otherwise carrying out, at the expense of the purchaser, any dealing with such estate or interest, is expressed to be reserved to or vested in the lessor or under-lessor or his legal practitioner; or

(b)which in any way restricts the right of the purchaser to have such conveyance carried out on his behalf by a legal practitioner appointed by him—

shall be void.

(3)This section shall not affect the law relating to the preparation of a lease or under-lease or the draft thereof.

(4)In this section lease and under-lease shall include any agreement therefor or other tenancy, and lessee and under-lessee and lessor and under‑lessor shall have corresponding meanings.

49Applications to the Court by vendor and purchaser

(1)A vendor or purchaser of any interest in land, or their representatives respectively, may apply to the Court, in respect of any requisitions or objections, or any claim for compensation, or any other question arising out of or connected with the contract (not being a question affecting the existence or validity of the contract), and the Court may make such order upon the application as to the Court may appear just, and may order how and by whom all or any of the costs of and incident to the application are to be borne and paid.

(2)Where the Court refuses to grant specific performance of a contract, or in any action for the return of a deposit, the Court may, if it thinks fit, order the repayment of any deposit.

(3)This section shall apply to a contract for the sale or exchange of any interest in land.

50Discharge of incumbrances by the Court on sales or exchanges

(1)Where land subject to any incumbrance, whether immediately realizable or payable or not, is sold or exchanged by the Court, or out of court, the Court may, if it thinks fit, on the application of any party to the sale or exchange, direct or allow payment into court of such sum as is hereinafter mentioned, that is to say—

(a)in the case of an annual sum charged on the land, or of a capital sum charged on a determinable interest in the land, the sum to be paid into court shall be of such amount as, when invested in Government securities, the Court considers will be sufficient, by means of the dividends thereof, to keep down or otherwise provide for that charge; and

(b)in any other case of capital money charged on the land, the sum to be paid into court shall be of an amount sufficient to meet the incumbrance and any interest due thereon—

but in either case there shall also be paid into court such additional amount as the Court considers will be sufficient to meet the contingency of further costs, expenses and interest, and any other contingency, except depreciation of investments, not exceeding one-tenth part of the original amount to be paid in, unless the Court for special reason thinks fit to require a larger additional amount.

(2)Thereupon, the Court may, if it thinks fit, and either after or without any notice to the incumbrancer, as the Court thinks fit, declare the land to be freed from the incumbrance, and make any order for conveyance, or vesting order, proper for giving effect to the sale or exchange, and give directions for the retention and investment of the money in court and for the payment or application of the income thereof.

(3)The Court may declare all other land (if any) affected by the incumbrance (besides the land sold or exchanged) to be freed from the incumbrance, and this power may be exercised either after or without notice to the incumbrancer, and notwithstanding that on a previous occasion an order, relating to the same incumbrance, has been made by the Court which was confined to the land then sold or exchanged.

(4)On any application under this section the Court may, if it thinks fit, as respects any vendor or purchaser, dispense with the service of any notice which under this Act or otherwise would apart from this subsection be required to be served on the vendor or purchaser.

(5)After notice served on the persons interested in or entitled to the money or fund in court, the Court may direct payment or transfer thereof to the persons entitled to receive or give a discharge for the same, on such terms as to delivering up of deeds or other documents or on such other terms as the Court thinks fit, and generally may give directions respecting the application or distribution of the capital or income thereof.

(6)This section shall apply to sales or exchanges whether made before or after the commencement of this Act, and to incumbrances whether created by statute or otherwise.

Conveyances and other Instruments

51Lands lie in grant only

(1)All lands and all interests therein shall lie in grant and shall be incapable of being conveyed by livery or livery and seisin, or by feoffment, or by bargain and sale; and a conveyance of an interest in land may operate to pass the possession or right to possession thereof, without actual entry, but subject to all prior rights thereto.

(2)The use of the word "grant" is not necessary to convey land or to create any interest therein.

52Conveyances to be by deed

(1)All conveyances of land or of any interest therein are void for the purpose of conveying or creating a legal estate unless made by deed.

(2)This section shall not apply to—

(a)assents by a personal representative[17];

(b)disclaimers made in accordance with the provisions of any law relating to bankruptcy or insolvency[18] or not required to be evidenced in writing;

(c)surrenders by operation of law, including surrenders which may, by law, be effected without writing;

(d)leases or tenancies or other assurances not required by law to be made in writing;

(e)receipts not required by law to be under seal;

(f)vesting orders of the Court or other competent authority;

(g)conveyances taking effect by operation of law.

53Instruments required to be in writing

(1)Subject to the provisions hereinafter contained with respect to the creation of interest in land by parol—

(a)no interest in land can be created or disposed of except by writing signed by the person creating or conveying the same, or by his agent thereunto lawfully authorized in writing, or by will, or by operation of law;

(b)a declaration of trust respecting any land or any interest therein must be manifested and proved by some writing signed by some person who is able to declare such trust or by his will;

(c)a disposition of an equitable interest or trust subsisting at the time of the disposition must be in writing signed by the person disposing of the same, or by his agent thereunto lawfully authorized in writing or by will.

(2)This section shall not affect the creation or operation of resulting, implied or constructive trusts.

54Creation of interests in land by parol

(1)All interests in land created by parol and not put in writing and signed by the persons so creating the same, or by their agents thereunto lawfully authorized in writing, shall have, notwithstanding any consideration having been given for the same, the force and effect of interests at will only.

(2)Nothing in the foregoing provisions of this Division shall affect the creation by parol of leases taking effect in possession for a term not exceeding three years (whether or not the lessee is given power to extend the term) at the best rent which can be reasonably obtained without taking a fine.

55Savings in regard to sections 53 and 54

Nothing in the last two preceding sections shall—

(a)invalidate dispositions by will; or

(b)affect any interest validly created before the commencement of the Property Law Act 1928; or

WITNESSETH that in consideration of the further sum of $       paid to A. by B. and C. out of money belonging to them on a joint account [add receipt and covenant as in the foregoing mortgage] and further that allthe property comprised in the before-mentioned indenture of mortgage shall stand charged with the payment to B. and C. of the sum of $       andthe interest thereon hereinbefore covenanted to be paid as well as the sumof $       and interest secured by the same indenture.

In witness, &c.

III—Conveyance on Sale

THIS INDENTURE made the            day of           20      between A. of [&c.] of the first part B. of [&c.] and C. of [&c.] of the second part and M. of [&c.] of the third part.

WHEREAS by an indenture dated [&c.] and made between [&c.] the lands hereinafter mentioned were conveyed by A. to B. and C. in fee-simple by way of mortgage for securing $          and interest and by a supplemental indenture dated [&c.] and made between the same parties those lands were charged by A. with the payment to B. and C. of the further sum of $      and interest thereon.

AND WHEREAS a principal sum of $            remains due under the two before-mentioned indentures but all interest thereon has been paid as B. and C. hereby acknowledge NOW THIS INDENTURE WITNESSETH that in consideration of the sum of $         paid by the direction of A. to B. and C. and of the sum of $       paid to A. those two sums making together the total sum of $        paid by M. for the purchase of the fee-simple of the lands hereinafter mentioned of which sum of $      B. and C. hereby acknowledge the receipt and of which total sum of $           A. hereby acknowledges the payment and receipt in manner before mentioned B. and C. as mortgagees and by the direction of A. as beneficial owner hereby convey and A. as beneficial owner hereby conveys and confirms to M. All that [&c.] To hold to and to the use of M. in fee-simple discharged from all money secured by and from all claims under the before-mentioned indentures [Add, if required, and A. hereby acknowledges the right of M. to production of the documents of title mentioned in the Schedule hereto and to delivery of copies thereof and hereby undertakes for the safe custody thereof].

In witness, &c.

[The Schedule above referred to.

To contain list of documents retained by A.]

NINTH SCHEDULE

This is to certify that the within-named A.B. came this day before me the undersigned one of the judges of the Court [or before me the undersigned Associate Judge of the Supreme Court or associate judge of the County Court or before me the undersigned G.H. a commissioner specially appointed pursuant to the Property Law Act 1958 for taking the acknowledgment of any deed by A.B. not being employed to prepare the within deed or being a party thereto] and acknowledge the within deed to be his [or her] act and deed and he [or she] was acquainted with and understood the nature and effect thereof.

Dated the  day of   20    .

═══════════════

ENDNOTES

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Property Law Act 1958 was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 893.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms.  See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act.  Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act.  See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act.  Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act.  See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001.  Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. 
See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Property Law Act 1958 by Acts and subordinate instruments.

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

Contracts of Sale (Payments) Act 1958, No. 6433/1958 (as amended by No. 6489)

Assent Date:	28.10.58
Commencement Date:	2.2.59: Government Gazette 21.1.59 p. 116
CurrentState:	All of Act in operation

Companies Act 1958, No. 6455/1958

Assent Date:	2.12.58
Commencement Date:	1.4.59: Government Gazette 4.3.59 p. 496
CurrentState:	All of Act in operation

Property Law (Amendment) Act 1959, No. 6491/1959

Assent Date:	7.4.59
Commencement Date:	7.4.59
CurrentState:	All of Act in operation

Property Law (Loans to Minors) Act 1961, No. 6814/1961

Assent Date:	12.12.61
Commencement Date:	12.12.61
CurrentState:	All of Act in operation

Companies Act 1961, No. 6839/1961

Assent Date:	19.12.61
Commencement Date:	1.7.62: Government Gazette 21.2.62 p. 392
CurrentState:	All of Act in operation

Statute Law Revision Act 1962, No. 6867/1962

Assent Date:	16.4.62
Commencement Date:	16.4.62
CurrentState:	All of Act in operation

Statute Law (Further Revision) Act 1962, No. 6961/1962

Assent Date:	18.12.62
Commencement Date:	18.12.62: subject to s. 3
CurrentState:	All of Act in operation

Transfer of Land (Restrictive Covenants) Act 1964, No. 7130/1964

Assent Date:	5.5.64
Commencement Date:	5.5.64
CurrentState:	All of Act in operation

Friendly Societies (Assignment of Contracts) Act 1964, No. 7231/1964

Assent Date:	22.12.64
Commencement Date:	5.5.65: Government Gazette 5.5.65 p. 1551
CurrentState:	All of Act in operation

Property Law (Loans to Minors) Act 1965, No. 7264/1965

Assent Date:	18.5.65
Commencement Date:	18.5.65
CurrentState:	All of Act in operation

Property Law (Loans to Minors) Act 1966, No. 7376/1966

Assent Date:	14.4.66
Commencement Date:	14.4.66
CurrentState:	All of Act in operation

Property Law (Amendment) Act 1968, No. 7716/1968

Assent Date:	14.11.68
Commencement Date:	14.11.68
CurrentState:	All of Act in operation

Perpetuities and Accumulations Act 1968, No. 7750/1968

Assent Date:	10.12.68
Commencement Date:	10.12.68
CurrentState:	All of Act in operation

Statute Law Revision Act 1971, No. 8181/1971

Assent Date:	23.11.71
Commencement Date:	23.11.71
CurrentState:	All of Act in operation

Statute Law Revision Act 1977, No. 9019/1977

Assent Date:	17.5.77
Commencement Date:	17.5.77: subject to s. 2
CurrentState:	All of Act in operation

Property Law (Deeds) Act 1977, No. 9043/1977

Assent Date:	22.11.77
Commencement Date:	1.9.78: Government Gazette 26.7.78 p. 2429
CurrentState:	All of Act in operation

Age of Majority Act 1977, No. 9075/1977

Assent Date:	6.12.77
Commencement Date:	1.2.78: Government Gazette 11.1.78 p. 97
CurrentState:	All of Act in operation

Imperial Law Re-enactment Act 1980, No. 9407/1980

Assent Date:	20.5.80
Commencement Date:	2.7.80: Government Gazette 2.7.80 p. 2257
CurrentState:	All of Act in operation

Statute Law Revision Act 1980, No. 9427/1980

Assent Date:	27.5.80
Commencement Date:	27.5.80: subject to s. 6(2)
CurrentState:	All of Act in operation

Property Law (Delivery by Agent) Act 1981, No. 9630/1981

Assent Date:	8.12.81
Commencement Date:	8.12.81
CurrentState:	All of Act in operation

Penalty Interest Rates Act 1981, No. 9633/1981

Assent Date:	8.12.81
Commencement Date:	1.4.82: Government Gazette 17.2.82 p. 456
CurrentState:	All of Act in operation

Companies (Consequential Amendments) Act 1981, No. 9699/1981

Assent Date:	5.1.82
Commencement Date:	Ss 9, 14, 18 on same day as No. 9572—1.7.81: s. 2(2); s. 19 on 1.10.81: s. 2(3); s. 22 on 5.1.82: s. 2(4); rest of Act on same day as No. 9712—1.7.82: s. 2(1)
CurrentState:	All of Act in operation

Sale of Land (Amendment) Act 1982, No. 9858/1982

Assent Date:	5.1.83
Commencement Date:	2.5.83: Government Gazette 8.4.83 p. 753
CurrentState:	All of Act in operation

Penalty Interest Rates Act 1983, No. 9967/1983

Assent Date:	22.11.83
Commencement Date:	1.7.83: s. 1(3)
CurrentState:	All of Act in operation

Statute Law Revision Act 1984, No. 10087/1984

Assent Date:	22.5.84
Commencement Date:	22.5.84: subject to s. 3(2)
CurrentState:	All of Act in operation

Interpretation of Legislation Act 1984, No. 10096/1984

Assent Date:	22.5.84
Commencement Date:	1.7.84: s. 2
CurrentState:	All of Act in operation

Commercial Arbitration Act 1984, No. 10167/1984

Assent Date:	20.11.84
Commencement Date:	1.4.85: Government Gazette 20.2.85 p. 372
CurrentState:	All of Act in operation

Courts Amendment Act 1986, No. 16/1986

Assent Date:	22.4.86
Commencement Date:	Ss 1–11, 13–27. 29–34 on 1.7.86: Government Gazette 25.6.86 p. 2180; s. 28 on 1.9.86: Government Gazette 27.8.86 p. 3201; s. 12 on 1.1.88: Government Gazette 7.10.87 p. 2701
CurrentState:	All of Act in operation

Mental Health Act 1986, No. 59/1986

Assent Date:	3.6.86
Commencement Date:	Ss 1–3, 21, 23, Sch. 1 on 19.6.87: Government Gazette 17.6.87 p. 1538; rest of Act on 1.10.87: Government Gazette 30.9.87 p. 2585
CurrentState:	All of Act in operation

Supreme Court Act 1986, No. 110/1986

Assent Date:	16.12.86
Commencement Date:	1.1.87: s. 2
CurrentState:	All of Act in operation

Friendly Societies Act 1986, No. 119/1986

Assent Date:	23.12.86
Commencement Date:	1.9.87: Government Gazette 26.8.87 p. 2257
CurrentState:	All of Act in operation

Transfer of Land (Conversion) Act 1986, No. 128/1986

Assent Date:	23.12.86
Commencement Date:	1.3.88: Government Gazette 16.12.87 p. 3392
CurrentState:	All of Act in operation

State Trust Corporation of Victoria Act 1987, No. 55/1987

Assent Date:	20.10.87
Commencement Date:	2.11.87: Government Gazette 28.10.87 p. 2925
CurrentState:	All of Act in operation

Property Law (Amendment) Act 1987, No. 91/1987

Assent Date:	1.12.87
Commencement Date:	1.6.88: Government Gazette 1.6.88 p. 1487
CurrentState:	All of Act in operation

Liquor Control Act 1987, No. 97/1987

Assent Date:	1.12.87
Commencement Date:	S. 181(11) on 3.5.88: Government Gazette 27.4.88  p. 1044
CurrentState:	This information relates only to the provision/s amending the Property Law Act 1958

Libraries Act 1988, No. 80/1988

Assent Date:	20.12.88
Commencement Date:	24.5.89: Government Gazette 24.5.89 p. 1222
CurrentState:	All of Act in operation

Transfer of Land (Computer Register) Act 1989, No. 18/1989

Assent Date:	16.5.89
Commencement Date:	3.2.92: Government Gazette 18.12.91 p. 3488
CurrentState:	All of Act in operation

Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989

Assent Date:	14.6.89
Commencement Date:	S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217
CurrentState:	All of Act in operation

Water (Consequential Amendments) Act 1989, No. 81/1989

Assent Date:	5.12.89
Commencement Date:	1.11.90: Government Gazette 15.8.90 p. 2473
CurrentState:	All of Act in operation

Administration and Probate (Amendment) Act 1994, No. 10/1994

Assent Date:	3.5.94
Commencement Date:	Ss 1, 2 on 3.5.94: s. 2(1); ss 3, 4, 7–15 on 27.4.95: Government Gazette 27.4.95 p. 973; rest of Act on 1.7.95: s. 2(3)
CurrentState:	All of Act in operation

State Trustees (State Owned Company) Act 1994, No. 45/1994

Assent Date:	7.6.94
Commencement Date:	Pt 1 (ss 1–3), s. 27 on 7.6.94: s. 2(1); rest of Act on 1.7.94: Special Gazette (No. 36) 23.6.94 p. 1
CurrentState:	All of Act in operation

Catchment and Land Protection Act 1994, No. 52/1994

Assent Date:	15.6.94
Commencement Date:	Ss 1, 2 on 15.6.94: s. 2(1); ss 3–5, Pt 2 (ss 6–19), Sch. 1 on 30.9.94: Government Gazette 29.9.94 p. 2306; rest of Act on 15.12.94: s. 2(3)
CurrentState:	All of Act in operation

Property Law (Amendment) Act 1994, No. 71/1994

Assent Date:	25.10.94
Commencement Date:	25.10.94: s. 2
CurrentState:	All of Act in operation

Legal Practice Act 1996, No. 35/1996

Assent Date:	6.11.96
Commencement Date:	S. 453(Sch. 1 items 68.1–68.4) on 1.1.97: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Property Law Act 1958

Friendly Societies (Victoria) Act 1996, No. 83/1996

Assent Date:	23.12.96
Commencement Date:	S. 40 on 1.10.97: Special Gazette (No. 122) 1.10.97 p.1
CurrentState:	This information relates only to the provision/s amending the Property Law Act 1958

Co-operatives Act 1996, No. 84/1996

Assent Date:	23.12.96
Commencement Date:	S. 467(Sch. 6 item 11.1) on 1.10.97: Special Gazette (No. 122) 1.10.97 p. 1
CurrentState:	This information relates only to the provision/s amending the Property Law Act 1958

Property Law (Amendment) Act 1998, No. 23/1998

Assent Date:	5.5.98
Commencement Date:	Pt 1 (ss 1–3) on 5.5.98: s. 2(1); rest of Act on 29.6.98: Government Gazette 25.6.98 p. 1561
CurrentState:	All of Act in operation

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Property Law Act 1958

Tribunals and Licensing Authorities (Miscellaneous Amendments) Act 1998, No. 52/1998

Assent Date:	2.6.98
Commencement Date:	S. 311(Sch. 1 item 78) on 1.7.98: Government Gazette 18.6.98 p. 1512
CurrentState:	This information relates only to the provision/s amending the Property Law Act 1958

Transfer of Land (Single Register) Act 1998, No. 85/1998

Assent Date:	17.11.98
Commencement Date:	Ss 21–23 on 1.1.99: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Property Law Act 1958

Statute Law Revision Act 2000, No. 74/2000

Assent Date:	21.11.00
Commencement Date:	S. 3(Sch. 1 item 104) on 22.11.00: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Property Law Act 1958

Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001

Assent Date:	8.5.01
Commencement Date:	S. 3(Sch. item 59) on 1.6.01: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Property Law Act 1958

Statute Law Amendment (Relationships) Act 2001, No. 27/2001 (as amended by No. 72/2001)

Assent Date:	12.6.01
Commencement Date:	S. 3(Sch. 1 items 9.2(a), 9.3) on 28.6.01: Government Gazette 28.6.01 p. 1428; s. 3(Sch. 1 items 9.1, 9.2(b)–(d), 9.4–9.6) on 8.11.01: Government Gazette 8.11.01 p. 2797
CurrentState:	This information relates only to the provision/s amending the Property Law Act 1958

Corporations (Consequential Amendments) Act 2001, No. 44/2001

Assent Date:	27.6.01
Commencement Date:	S. 3(Sch. item 93) on 15.7.01: s. 2
CurrentState:	This information relates only to the provision/s amending the Property Law Act 1958

Transfer of Land (Electronic Transactions) Act 2004, No. 23/2004

Assent Date:	18.5.04
Commencement Date:	S. 10 on 19.5.04: s. 2
CurrentState:	This information relates only to the provision/s amending the Property Law Act 1958

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 164) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Property Law Act 1958

Legal Profession (Consequential Amendments) Act 2005, No. 18/2005

Assent Date:	24.5.05
Commencement Date:	S. 18(Sch. 1 item 87) on 12.12.05: Government Gazette 1.12.05 p. 2781
CurrentState:	This information relates only to the provision/s amending the Property Law Act 1958

Property (Co-ownership) Act 2005, No. 71/2005

Assent Date:	25.10.05
Commencement Date:	Ss 3–5 on 1.2.06: Government Gazette 19.1.06 p. 70
CurrentState:	This information relates only to the provision/s amending the Property Law Act 1958

Retail Leases (Amendment) Act 2005, No. 82/2005

Assent Date:	22.11.05
Commencement Date:	S. 51 on 23.11.05: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Property Law Act 1958

Land Tax Act 2005, No. 88/2005

Assent Date:	29.11.05
Commencement Date:	S. 117(Sch. 2 item 4) on 1.1.06: s.2
CurrentState:	This information relates only to the provision/s amending the Property Law Act 1958

Charities (Amendment) Act 2006, No. 73/2006

Assent Date:	10.10.06
Commencement Date:	S. 8 on 10.10.06: s. 2
CurrentState:	This information relates only to the provision/s amending the Property Law Act 1958

Conveyancers Act 2006, No. 75/2006

Assent Date:	10.10.06
Commencement Date:	S. 192(Sch. 2 item 4) on 1.7.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Property Law Act 1958

Relationships Act 2008, No. 12/2008

Assent Date:	15.4.08
Commencement Date:	S. 72 on 1.12.08: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Property Law Act 1958

Courts Legislation Amendment (Associate Judges) Act 2008, No. 24/2008

Assent Date:	3.6.08
Commencement Date:	S. 85 on 17.12.08: Special Gazette (No. 377) 16.12.08 p. 1
CurrentState:	This information relates only to the provision/s amending the Property Law Act 1958

Consumer Affairs Legislation Amendment Act 2010, No. 1/2010

Assent Date:	9.2.10
Commencement Date:	S. 41 on 1.8.10: Government Gazette 22.7.10 p. 1628
CurrentState:	This information relates only to the provision/s amending the Property Law Act 1958

Statute Law Revision Act 2011, No. 29/2011

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 74) on 22.6.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Property Law Act 1958

Commercial Arbitration Act 2011, No. 50/2011

Assent Date:	18.10.11
Commencement Date:	S. 46(Sch. item 13) on 17.11.11: Special Gazette (No. 369) 15.11.11 p. 1
CurrentState:	This information relates only to the provision/s amending the Property Law Act 1958

Electronic Conveyancing (Adoption of National Law) Act 2013, No. 7/2013

Assent Date:	26.2.13
Commencement Date:	S. 14 on 14.3.13: Special Gazette (No. 86) 13.3.13 p. 1; s. 22 on 14.2.18: Special Gazette (No. 49) 13.2.18 p. 1
CurrentState:	This information relates only to the provision/s amending the Property Law Act 1958

Co-operatives National Law Application Act 2013, No. 9/2013

Assent Date:	13.3.13
Commencement Date:	S. 42(Sch. 2 item 15) on 3.3.14: Special Gazette (No. 46) 18.2.14 p. 1
CurrentState:	This information relates only to the provision/s amending the Property Law Act 1958

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 3(Sch. 1 item 42) on 1.12.13: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Property Law Act 1958

Legal Profession Uniform Law Application Act 2014, No. 17/2014

Assent Date:	25.3.14
Commencement Date:	S. 160(Sch. 2 item 76) on 1.7.15: Special Gazette (No. 151) 16.6.15 p. 1
Current State:	This information relates only to the provision/s amending the Property Law Act 1958

Mental Health Act 2014, No. 26/2014

Assent Date:	8.4.14
Commencement Date:	S. 455(Sch. item 23) on 1.7.14: s. 2(1)
Current State:	This information relates only to the provision/s amending the Property Law Act 1958

Consumer Acts and Other Acts Amendment Act 2016, No. 23/2016

Assent Date:	10.5.16
Commencement Date:	S. 36 on 1.6.16: Special Gazette (No. 162) 24.5.16 p. 1
CurrentState:	This information relates only to the provision/s amending the Property Law Act 1958

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 99) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Property Law Act 1958

Guardianship and Administration Act 2019, No. 13/2019

Assent Date:	4.6.19
Commencement Date:	S. 221(Sch. 1 item 41) on 1.3.20: s. 2(2)
Current State:	This information relates only to the provision/s amending the Professional Standards Act 2003

Mental Health and Wellbeing Act 2022, No. 39/2022

Assent Date:	6.9.22
Commencement Date:	Ss 854, 855 on 1.9.23: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Property Law Act 1958

Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023

Assent Date:	5.9.23
Commencement Date:	S. 7(Sch. 1 item 20) on 6.9.23: s. 2
CurrentState:	This information relates only to the provision/s amending the Property Law Act 1958

State Taxation Acts and Other Acts Amendment Act 2023, No. 38/2023

Assent Date:	12.12.23
Commencement Date:	S. 15 on 1.1.24: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Property Law Act 1958

Commercial and Industrial Property Tax Reform Act 2024, No. 16/2024

Assent Date:	21.5.24
Commencement Date:	S. 60 on 1.7.24: s. 2
CurrentState:	This information relates only to the provision/s amending the Property Law Act 1958

–––––––––––––––––––––––––––––––––––––––––––––––––––Metric Conversion (Property Law Act) Regulations 1974, S.R. No. 151/1974

Date of Making:	7.5.74
Date of Commencement:	1.6.74: reg. 2

–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––

3   Explanatory details

[1] S. 2(3): The Property Law Act 1928 (repealed) came into operation on 18 December 1929.

[2] Pt 1 (Heading): See section 3(2) of the Transfer of Land Act 1958.

[3] S. 16: As to successory trusts, see section 19 of the Religious and Successory Trusts Act 1958.

[4] S. 18(1) definition of bankruptcy: These words have been held to extend to the liquidation of a company.

[5] S. 18(1) definition of conveyance: See section 45 of the Trustee Act 1958.

[6] S. 18(1) definition of land: See section 201.

[7] S. 29: See section 37(2) of the Trustee Act 1958.

[8] S. 32(1): See section 13(5)–(7) of the Trustee Act 1958.

[9] S. 32(3): See sections 38 and 39 for instances of trusts for sale created by this Part of the Act.

[10] S. 33(3): See note 9.

[11] S. 35(1): See section 102 of the Settled Land Act 1958.

[12] S. 35(1): See section 73 of the Settled Land Act 1958.

[13] S. 35(2): See section 47 of the Settled Land Act 1958.

[14] S. 35(5): See sections 38 and 39.

[15] S. 36: Compare section 30 of the Trustee Act 1958.

[16] S. 38(1): Compare sections 87 and 88.

[17] S. 52(2)(a): See section 41 of the Administration and Probate Act 1958.

[18] S. 52(2)(b): See section 133 of the Bankruptcy Act 1966 of the Commonwealth.

[19] S. 60(6) (Proviso): See section 249.

[20] S. 62: See section 197.

[21] S. 69: See section 28 of the Trustee Act 1958.

[22] S. 80(1): See sections 141 and 142.

[23] S. 81(2): See note 22.

[24] S. 84(6): See section 88 of the Transfer of Land Act 1958.

[25] S. 98(1): As to the right of a mortgagor to sue in cases of mortgages under the Transfer of Land Act 1958, see section 81(3) of that Act.

[26] S. 105: See section 50.

[27]

S. 115: Compare section 124 as to the conveyance by deed of

re-conveyance.

[28] S. 116: See section 20.

[29]

S. 124: Compare section 115 as to the effect of a receipt as a

re-conveyance.

[30] Pt 2 Div. 4: These provisions deal with the abolition of the Rule in Shelley's case, with certain restrictions on executory limitations, and with equitable waste.

[31] S. 136: See also section 154.

[32] S. 150(5): Distress for rent was abolished by section 18 of the Landlord and Tenant (Amendment) Act 1948, No. 5291.

[33] S. 153(6)(a): See section 157 of the Marriage Act 1958.

[34] S. 154: See also section 136.

[35] S. 162 (repealed): The repeal of sections 162, 164, 165 and 166 does not affect instruments or dispositions to which the Perpetuities and Accumulations Act 1968, No. 7750 does not apply.

[36] S. 164 (repealed): See note 35.

[37] S. 165 (repealed): See note 35.

[38] S. 166 (repealed): See note 35.

[39] Pt 2 Div. 8: See also Marriage Act 1958.

[40] S. 179(1): Compare section 52(6) of the Trustee Act 1958.

[41] S. 183(1): For definition of purchaser see section 18.

[42] S. 197: See also section 62.

[43] S. 209: As to power of Governor in Council to make regulations prescribing fees, see section 13.

[44] S. 210: See note 43.

[45] S. 213: See note 43.

[46] S. 214: See note 43.

[47] S. 216: See note 43.

[48] Pt 5 (Heading): This Part may still have to be resorted to in case of estates tail or when there is a limitation to a person under the designation of "heir" that is to an heir by purchase.  See for example section 130.

[49] Pt 6 (Heading): Estates tail have now almost disappeared in Victoria and no new estates tail can be created—see section 249.

[50] S. 249: The Transfer of Land Statute Amendment Act 1885, No. 872 was passed on 18 December 1885, and came into operation on 1 January 1886.

[51] S. 250: See note 50.