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

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

- -

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…

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