S. 15D inserted by No. 128/1986 s. 15. 15D Deposit 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. No. 3754 s. 15. 16 Deeds 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. No. 3754 s. 17. 17 False oaths made punishable Every person who at any time wilfully forswears himself or states anything contrary to the truth in any oath taken under the authority of this Part shall be liable to the penalties of perjury. __________________ Nos 3754 s. 18, 4654 s. 3. 18 Definitions s. 18 (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; building purposes includes the erecting and improving of and the adding to, and the repairing of buildings; and a building lease
sale means a sale properly so called; s. 18 securities include stocks, funds and shares; S. 18 def. of tenant for life, statutory owner, settled land, settlement, capital money, term of years absolute and trustees of the settlement amended by No. 29/2011 s. 3(Sch. 1 item 74). 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.
S. 28B inserted by No. 7264 s. 2(2), amended by No. 9075 s. 5(1). 28B Certain contracts with minors to be valid S. 28B(1) amended by Nos 9427 s. 5(Sch. 4 item 9), 57/1989 s. 3(Sch. item 166.5(a)). (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— S. 28B(1)(a) amended by No. 9427 s. 5(Sch. 4 item 9). (a) any contract at any time entered into by a minor member— S. 28B(1)(a)(i) amended by Nos 9427 s. 6(1)(Sch. 5 item 145), 57/1989 s. 3(Sch. item 166.5(b)). (i) of a building society registered under the Building Societies Act 1986 or any corresponding previous enactment; S. 28B(1)(a)(ii) amended by No. 57/1989 s. 3(Sch. item 166.5(c)), substituted by No. 84/1996 s. 467(Sch. 6 item 11.1). (ii) of a co-operative registered under the Co-operatives Act 1996 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
No. 3754 s. 29. S. 29 amended by Nos 9075 s. 5(1), 10087 s. 3(1)(Sch. 1 item 189). 29 Receipts by married minors s. 29 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. No. 3754 s. 30. 30 Conveyances on behalf of patients S. 30(1) amended by Nos 59/1986 s. 143(2), 52/1998 s. 311(Sch. 1 item 78). (1) Where a legal estate in land (whether settled or not) is vested in a patient within the meaning of the Mental Health Act 1986 in respect of whose estate an administrator is appointed under the Guardianship and Administration Act 1986, 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. S. 30(2) amended by Nos 59/1986 s. 143(2), 52/1998 s. 311(Sch. 1 item 78). (2) If land held on trust for sale is vested in a patient within the meaning of the Mental Health Act 1986 in respect of whom a guardian is appointed under the Guardianship and Administration Act 1986 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 No. 3754 s. 31. 31 Duration of trusts for sale s. 31 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
(3) The Court may before making any order under this section direct such inquiries (if any) to be made of any local authority or such notices (if any) whether by way of advertisement or otherwise to be given to such of the persons who appear to be entitled to the benefit of the restriction intended to be discharged, modified or dealt with as, having regard to any inquiries, notices or other proceedings previously made given or taken the Court thinks fit. (4) Any order made under this section shall be binding on all persons whether ascertained or of full age or capacity or not then entitled or thereafter capable of becoming entitled to the benefit of any restriction which is thereby discharged, modified or dealt with and whether such persons are parties to the proceedings or have been served with notice or not. s. 84 (5) An order may be made under this section notwithstanding that any instrument which is alleged to impose the restriction intended to be discharged, modified or dealt with has not been produced to the Court, and the Court may act on any evidence of such instrument as it thinks fit. (6) This section shall apply to restrictions whether subsisting on the thirty-first day of December One thousand nine hundred and eighteen, or imposed thereafter and whether the land affected thereby is registered or not, and in the case of registered land the registrar shall if the restriction has been noted on the register give effect on the register to the order when made.
(b) of any other opposing or conflicting claims to such debt or thing in action— he may, if he thinks fit, either call upon the persons making claim thereto to interplead concerning the same, or pay the debt or other thing in action into court under the provisions of the Trustee Act 1958. Nos 3754 s. 135, 4602 s. 2(7). S. 135 amended by Nos 6455 s. 2, 7231 s. 4, 9427 s. 6(1)(Sch. 5 item 147), 119/1986 s. 142(Sch. 2 item 10), 57/1989 s. 3(Sch. item 166.6), 81/1989 s. 3(Sch. item 43), 83/1996 s. 40. 135 Limitation in the case of certain assignments s. 135 The last preceding section shall not affect the provisions of section 124 of the Friendly Societies () Code. Division 5—Leases and tenancies No. 3754 s. 136. 136 Division to apply to leases under Transfer of Land Act 1958 The provisions of this Division shall apply to leases and sub-leases of land under the Transfer of Land Act 1958 notwithstanding anything in that Act contained, and for the purposes of this Division lease includes so far as circumstances will admit any instrument of letting whether under seal or not.
No. 3754 s. 181. 181 Further powers etc. admissible s. 181 Save as expressly provided by this Part, nothing in this Part shall be taken to imply that the insertion in any such instrument, or the adoption in connexion with, or the application to, any contract or transaction, of any further or other powers, covenants, provisions, stipulations or words is improper. No. 3754 s. 182. 182 Protection of trustees etc. S. 182(1) amended by No. 23/1998 s. 8(2). (1) Where a legal practitioner is acting for trustees, executors or other persons in a fiduciary position, those persons shall also be protected in like manner as a legal practitioner is protected under the last two preceding sections. S. 182(2) amended by No. 23/1998 s. 8(2). (2) Where such persons are acting without a legal practitioner, they shall also be protected in like manner as aforesaid. No. 3754 s. 183. 183 Fraudulent concealment of documents and falsification of pedigrees S. 183(1) amended by No. 23/1998 s. 8(2). (1) Every person disposing of property or any interest therein for money or money's worth to a purchaser, or the legal practitioner or other agent of such person, who— (a) conceals from the purchaser any instrument or incumbrance material to the title; or (b) falsifies any pedigree upon which the title may depend in order to induce the purchaser to accept the title offered or produced— with intent in any of such cases to defraud, shall be guilty of a misdemeanour punishable by fine, or by imprisonment for a term of not more than two years, or by both.
Act; and all persons shall be at liberty to search the same book and also the other book to be kept as aforesaid or either of the said books on payment of such fee as is prescribed by regulations under this Act, whether one only or both of the said books is or are searched, and no multiplication of books is to increase the fee. No. 3754 s. 215. 215 Crown to re-register s. 215 The provisions hereinbefore contained for of executions shall extend and apply to every such judgment statute recognisance inquisition obligation specialty or acceptance of office as is hereby required to be registered; so that it shall be obligatory on the Crown, in order to bind the freehold land or chattels real of its debtors or accountants as against purchasers mortgagees or execution creditors hereafter becoming such to re-register in like manner as it is obligatory on a private person as regards an execution; and so that notice of any such judgment statute recognisance inquisition obligation specialty or acceptance of office not duly re-registered shall not avail against purchasers mortgagees or execution creditors as to freehold lands or chattels real. Nos 3754 s. 216, 6012 s. 8(1)(f). S. 216 amended by No. 46/1998 s. 7(Sch. 1). 216 Quietus to debtors or accountants to the Crown to be registered s. 216 Whenever a quietus is obtained by a debtor or accountant to the Crown and an office copy thereof is left with the Registrar-General together with a certificate signed by the Minister administering Part 7 of the Financial Management Act 1994 that the same may be registered, the Registrar-General shall forthwith enter the same in the said book of debtors and accountants to the Crown in alphabetical order by the name of the person whose estate is intended to
or money shall, as to the person in whose favour or for whose benefit the disposition is to be made, be treated as personal estate; and (except in case of bankruptcy) the assurance by which the disposition of such leasehold lands or money is effected shall be an assignment by deed, which shall have no operation under this Part unless acknowledged within six months after the execution thereof; and in case of bankruptcy the disposition of such leasehold lands or money shall be made by the trustee aforesaid as the case may be. Nothing in this section shall be construed as limiting the effect of section two hundred and forty-nine of this Act. s. 266 __________________ No. 3754 s. 266. S. 267 amended by No. 18/1989 s. 13(Sch. 2 item 68(b)). 267 Definition s. 267 In this Part document of title includes any Crown grant or Crown lease or any folio of the Register deed of conveyance partition release or assurance or other deed will lease written contract or writing. No. 3754 s. 267. 268 Crown survey boundaries as marked on the ground to be deemed the true boundaries The survey boundaries of any Crown section portion allotment or other parcel of land marked on the ground at the time of the Crown survey thereof, and shown by survey posts pegs trenches or other survey marks shall, as to any such parcel of land heretofore or hereafter granted or demised by the Crown, be and be deemed to have been the true boundaries of such parcel of land whether such boundaries upon admeasurement are or are not found to be of the same dimensions or to
Assent Date: 15.4.08 Commencement Date: S. 72 on 1.12.08: s. 2(2) : 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 : 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 : 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) : 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 : 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 Endnotes ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Explanatory Details Endnotes