Real Property Act 1852 (SA)

An Act to amend the Law of Real Property.

[Assented to 2nd December, 1852.1

AS it is expedient to amend the Laws relating to Real

WHERE l'ropcrty: Be it therefore Er~acted by His Excellency the

I,ieutena1lt-Oovcr1101* of South Australia, by and with the advice

a i d c o ~ ~ s e i ~ t of' t l ~ e 1,cgislntive Council thereof, and by the authority

of' the mile, as follows, that is to say:

l. That 2lfter the first day of January, in the year of our Lord Thdmmediste free- hold of corporeal

one thou-nnt l eigl~t hnndrd and filty-tbrce, all corporeal tenements te,,,,,,ts lit In

aud llrredi tnuleuta in South ~ u s t r i l i a *hall, as regards the con- grant9 as well as in livery.

veyance of the immcrliate frceliold thereof, be deemed to lie in

giant as well as in livery.

2, That tt feoffinent made after the said first day of January, one Fenffments,partitions,

tllonsand eight hundred and fifty-the, shall be void at law unless ,irnme,,rs exchanges, leases,

evidenced by deed, a rd tlmt a partition and an exchange of any surl.er~dcrs, required

(subject to certain

tenements or hereditnments, and a lease required b ~ l a w to be in axeep~ianr~ to be by

writing of any tenenwnts or l l & d i t a m e n t x a n d a s ~ ~ ~ I m % n ~ a deed.

c m e s t in any tenenlcnts or hercditaments, and s sun-

in writing of any interest in any tene~nents or hereditzments, not being au mterest which midrt by law lmve been created wlthout writing, made after the said first day of January, one thousmid eight hundred and fifty-three, shall also be void at law, unless madeUby deed.

3. That a feoffment made after the said first day of January, Feoffrnenta not to

one thousand eight hundred and fifty-three, shall not have any ., or operate by wrong,

tortious operation, and that an exchange or a art it ion of any particione, to imply

tenements or hereditanients made by deed executed after the said ~ r g. n ~ ~ ~ y r ~ ~ ~ ~	any condition, or give
first day of January, one thousand eight hundred and fifty-three,

z 2 shall

hha imply any condition i n law, and tlmt t ? ~ word "give" or

the LLarant,'7 b in a dccd executed after the stme clay, sl~all not iniply any covenaiit in law in respect of auy teucmeuts or here- ditaments.

Straneers may take 4. That under an Indenture executed after the first dav of d - -

immeudiately inder an

indenture, and a deed January, one thousand eight hundred and fifty-threr, an immediate

indenture shall take	purprrting to bean estate or interest in any tenements or hereditainents, w d t l ~ e bellefit
effect IU such. of a condition or covenant respecting any tenements or 11erc-dita- ments rnay be taken, although the taker thereof be not nan~ed a party to the same indenture dso, t l~a t a deed executed aftvr t11e first day of January, one thousand eigbt handred and fifty-three, purporting to be an iudenture, shall have the effect of an indeuture, although not actually indented.
Contingent and other
like interests, also 5. That after the first day of January, one thousand eight
rghta ofentry hundred and fifty-three, a contingciit, an executory, and a future
alienable by deedy
saving estates in tail, interest, and a possibility, co~~pled with an interest in any tenements

mar- or hereditaments of any tenure, w l d l e r the ohjeet of the gift or

,d ,

riedwor?en,en~oining limitation of such interest or possibility be or be not asccrtnirled, conformity to the

Ordinance, NO, 15, of also a right of entry, whether immediate or futurc, and whether

1043. vested or contingent, inta or upon any tc~leincnts or hercditaments in South Australia, rnay be disposed of by' deed; but that no such disposition sM.l, by force only of this ~ct-feat or enlarge an estate tail, and that every such disposition by a married woman shall be rnade c ~ n f o r m a b ~ ~ to the pr6visions, rdative to dispositions

by qarried women, of an Ordinance passed in the lrinth year of the

Reign of Her Majesty Queen Victoria, iutituled '+'An Ordinance --- -. to

render effectual conveyances by married women, and to declare the

effect of certain deeds in relation to dower."

i --

a p a c i t ~ of m a 4 d 6. That after the first day of January, one thousand eight

women to disclaim

wtates or interests b hundred and fifty-three, an estate or interest in any tcnenients or

deed, extended to hereditaments in South Australia may bc disclairned by a married

South Australia

woman by deed, and that every such disclaimer s l d l bc lmndu con-

\	formably to the said provisions of the said (,rdioancr 'L '1'0 render
i	effectual conveyances by married women, and t o declare the effect
j	of certain deeds in relation to dower."

contingent m a i n - 7. That a contingent remainder existing at any time aftcr the

~ ~ ~ ~ t ~; $ d, ~; ~ first day of January, one thousand eight hundred and fifty-three,	mar., 1853, arainst shall be, aud if created before the passing of this Act, shall be
the of a prenlnture preceding estata deemed to have been capable of taking eff'ect, notwithstanding- the

determination by forfeiture, surrender, or merger of any preceding estate of freehold, in the same manner, in all respects, as if such determination h&d not happened.

when the reversion 8. That when the reversion expectant on a Iexse, made eithcr

on R leas0 is gone, the

irext estate 10 be before or after the passing of this Act, of any tenements or deewd the reveraion. hereditamenta of my tenure, shall after the said first day of Jan-

wry, one thousand eight hundred aud fifty-three, be surrendered

or

01% i. :*~zc, the estnte which shall for thc tiinc being conhr as

;~p i l l s t the tct~ilnt under the saule lease, t l ~ e next vcbstcd r.i:llt to

the s:llne tenements or lleredittun~ents, shall to tile extent n ~rd for

t lw ~ I T ~ S C of preserrina such incidents to, and oblig;~tions 011 the

s m e reversion, as but for the suiwmler or Illerger thereof would 3 I m c subsisted, be dccmed tile reversion expectaut on the salve lease.

Reccipts of persons

9. That whenever after the said first day of January, one tl~ousxnd eight hundred and fifty-thrcc, any tenements or heredita-

to whom money shall

be pdy:ll)le unaer trust., co sell or raise

meiits shall be co~lveyed or devised to, o i become vested in any

money, to be effectnctl

persoli or persons, updn or with any express trilst or power to sell

discl~ar~ec, ro~lrsq the

col~ti ury be expressly

or raise money, the receipt of tllc person or persons to wlloili any

declurcd.

money shall be payable upon or under such trust or power, shall effectually discharge the person paying the same from seein5 to the application, or being answerable for the nlisapplication thercof, ulrlcss the contrary shall be expressly declared by the instrument creating the trust or power.

10. That from and after the said first day of January, one thou- sand eight hundred and fifty-three, every conveyance of' any freehold

hold tenement-

Conveyance of free-

hercctifumcr~ts, to

irlcludc all ho~~scs, &C.,

teiiements or liereditarncnts, wh c thcr corporeal or incorporenl in

nnd thc reversion, &C.,,

South Australia, unless any exception be specially made tllerein,

and all thc estutu.

shdl be held and coustrued to irdude all houses, out-houses,

edifices, barns, stables, yards, gardens, orchards, commons, trees,

woods, uuderwoods, mounds, fences, hedges, ditches, ways, waters,	L -
watwcourses, lights, liberties, privileges, easements, profits, com- rnr).iiti~s. erni,iuments, and all other rights; easements and appur- telrflnces wliatsoever belonging or appertaining to the tcneinents &d
hereditaments therein comprised, and whet1ic.r the same be strictly

appurtenant to the same tenerrients and hereditsments, or appurte- i	I
naut tl~ereto only by reputation or enjoynient, and also the reversionl or reversions, remainder and remainders, yearly and other rents, issucs and profits of the same tcneinaiits and hrreditanient~? and of
idlc;.itance, use, trust, property, profit, possession, claim and ercry part or parcel thereof, and all the estate, right, title, interest,	dcili:ind whatsoever, both at law and in eqwty, of tlre grantor or
grantors, in, to, out of, or upon the same tcnclnents and heredita- nieuts, and every part and parcel thereof, with their and every of their appurtcnauces.

11. And whereas doubts exist whether an Act of the Imperial ~ h doubts a*~t ~ t , (,

Parliament of Great Britain passed in thc third and fourth ycnrs of :i: ,, / * L ,

Ring William the Fourttr;?ntituXd " An Act Tor cap. 105, is in force &, ., : ,

the law relatinq to dower," has the f'orce of h w l" and that it A"rd'" is expedient /i 4 J .

in the Yrovince of South Australia, and it is expedient that such toremovesuchdoubts ..-('l L uJ & L A /',c--.

doubts s l~odd be removed by a declaratory law, and that the general declul.story. ---

proviaio!,~ of tha said Act should in South Australia be extended in	~;Js ', " f "~~, "~~, "; t
s u d i nlzlmcr a S that the same may be applicable as well to the dower	shall apply to dower,

of' rvon1c~1-1 n~arried on or before the first clay of January, one thou- Of awomen

s a d eisht hundred and thirty-four, as to the dower of nromcn

married

And thst it expo- married after tl at day: And whereas it is expedient to repeal such 1

dient to repcal part of 2

No. 15, of 1845.	part of the said Ordinance to render effectual coweyances of married women. and to declare the effect of certain deeds iu relation ---a.
Thnt 3rd and 4th
William the Pomth,	to dower as iB hereinafter mentioned: Be it therefore further

cap. 105, has boon Ellactcd and declared. That the Act of Parliament for the arnenrl. -

p i t of the lam of	South Australia from merit of thc law relatitq to dower, has from the foundatiotl of tlliis
its founaation, and shrill, except ns after Province been a part of'-the law thereof, and shall, save as herein.
provided, continue to after provided, coi~tinuc to have the force of law, and be applied in
be SO. tllis l'rovince in like rnanuer as other laws of England: provided - -
That
provisions in of 3rd and always, nevcrtlrcless, and be it Enacted, that in future the provisions

t i n I of tlie same Act, shall, as regards this Province, cxtcnd to the dower

FOurthjcap. l Q 5 9

extend to the dowcr	of woineii married on or before tlle first day of Jatmary, one thou.
ofwomen married	sand eight hundred and thirty-four, s s well as to the dower of
before 1831.	wonlen married after that date, and Provided also, that this enact- ment sliall not give to any will, deed, contract, engagcmeat, or cllarge, executed, entered into, or created before the said first day of ,Jnnunry, one thousand eight hiu~dred ailcl fifty-three, the effect of def'eating or prejudicing the right to dower of ally woman m~rried on or before the said first day of January, onc tliousaud ei&, "
hundred and thirty-four: Aud 6e it further finacted, That me11 put of tile said Ordinance to relider effectual coilveyances of married women, and to declare the effect of certain deeds in relatior~ to dower, as enacts that certain declarations in the said Act referred to, shall have the same force and erect in barrii~g~tho right of dower of the widow of the person making such declarst~on as if the land or hcreditaineuts mentioned in such deed had beell conveyed to uses to
Butthis Act not to
afFcct deeds, &C.,	bar dower, shall be, arrd tlle sallie is hereby repealed, but so as not
nlade heforc the 1st	to ~ffect any deed or deeds coutnining any such dec1:zration as
of January, lf353*	aforesaid, which has been or sllsll be made id eurcnted befbre the said first day of January, one thousand eight Iruudrcd and fifty. three.

JOHN MOBPNETT, Speaker.

Passed the Legislative Council this second day of December, one thousand eigAt Iumhd

andsfty-two.

F. C. SINGLETON,

Clerk of thc Legislative Council.

#@

11 the name and on the behalf of Her Majesty 1 assellt to this Act.

H. E. F. YOUNG,

Government House, Adelaide, LiEutenan t-Governor.

December 2, 1852.

ADELAUE i Printd by authority, by *C. Cox, Government Printer,