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 is a lease for building purposes or purposes connected therewith; conveyance includes a mortgage, charge, lease, assent, vesting declaration, 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, 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; s. 18 limitation includes a trust; S. 18(1) def. of lunatic repealed by No. 55/1987 s. 57(3)(Sch. 5 item 43). * * * * * 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; s. 18
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 and lease includes an under-lease or other tenancy; 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. Cf. [1289–90] 18 Edward I. (Quia Emptores) c. 1. S. 18A inserted by No. 9407 s. 6(a). 18A Land may be assured in fee simple s. 18A 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 Cf. [1535–6] 27 Henry VIII. c. X. ss 1, 2, 3, 8 (The Statute of Uses). S. 19A inserted by No. 9407 s. 6(b). 19A Interests 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. No. 3754 s. 19.
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
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. s. 50 (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
S. 234D inserted by No. 71/2005 s. 5. 234D Powers of courts s. 234D Without limiting any powers of a court to make any order, in any proceeding in relation to the coownership of land or goods, a court may make any order which VCAT could make under this Part. S. 234E inserted by No. 71/2005 s. 5. 234E More appropriate forum Nothing in this Division prevents VCAT from referring a matter to the Supreme Court or the County Court under section 77 of the Victorian Civil and Administrative Tribunal Act 1998. S. 234F inserted by No. 71/2005 s. 5. 234F Appeals on questions of law not affected Nothing in this Division affects the operation of Part 5 of the Victorian Civil and Administrative Tribunal Act 1998. S. 234G inserted by No. 71/2005 s. 5. 234G Supreme Court—limitation of jurisdiction It is the intention of section 234C to alter or vary section 85 of the Constitution Act 1975. Division 5—General S. 234H inserted by No. 71/2005 s. 5. 234H Regulations The Governor in Council may make regulations for or with respect to any matter or thing that is required or permitted by this Part to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Part. S. 234I inserted by No. 71/2005 s. 5. 234I Transitional provision—Property (Coownership) Act 2005 Part IV as in force immediately before the commencement of section 5 of the Property (Coownership) Act 2005 continues to apply in respect of any proceeding commenced in the Supreme Court or the County Court under that
may have as issue inheritable to any estate tail herein. No. 3574 s. 252. S. 253 amended by Nos 16/1986 s. 19(e), 24/2008 s. 85(1). 253 Acknowledgments of deeds Every deed to be executed by any person for any of the purposes of this Part shall, upon the execution thereof or afterwards, be acknowledged as the act and deed of such person before a judge of the Court or an Associate Judge of the Supreme Court or an associate judge of the County Court, or before a special commissioner appointed by the Court. And such judge, associate judge or commissioner taking such acknowledgment shall sign a certificate to be indorsed on or written at the foot or in the margin of such deed; which certificate (subject to any alteration which may from time to time be directed by the Court) shall be to the effect mentioned in the Ninth Schedule to this Act. No. 3754 s. 253. S. 254 amended by Nos 16/1986 s. 19(e), 110/1986 s. 140(2), 24/2008 s. 85(2). 254 Certificate to be evidence of acknowledgment s. 253 Such certificate shall be deemed and received as sufficient evidence of the due acknowledgment of such deed and shall be filed in the office of the Supreme Court or associate judge of the County Court. No. 3754 s. 254. 255 Extent of the estate created by a tenant in tail by way of mortgage or for any other limited purpose If a tenant in tail of land makes a disposition of the same under this Part by way of mortgage or for any other limited purpose, then and in such case such disposition shall to the extent of the estate thereby created be an absolute bar in equity as well as at law to all persons as against whom such disposition is by this Part authorized to be made, notwithstanding any intention to the contrary may be expressed or implied in the deed
Pt 9 (Heading and ss 275–302) inserted by No. 91/1987 s. 3, amended by Nos 57/1989 s. 3(Sch. items 166.7, 166.8), 23/1998 ss 5–7, 8(4), 27/2001 s. 3(Sch. 1 item 9) (as amended by No. 72/2001 s. 4(a)), repealed by No. 12/2008 s. 72. * * * * * __________________ SCHEDULES Section 2. FIRST SCHEDULE Sch. 1 Number of Act Title of Act Extent of Repeal 3754 Property Law Act 1928 So much as is not already repealed. 4222 Property Law (Charitable Bequests) Act 1934 The whole. 4265 Mortgagees (Powers of ) Act 1934 So much as is not already repealed. 4602 Companies Act 1938 Item in Part II of First Schedule referring to Property Law Act 1928. 4654 Public Trustees Act 1939 Clause 10 of First Schedule. 5753 Statute Law Revision Act 1953 Item in Schedule referring to Property Law Act 1928. 5757 Statutes Amendment Act 1953 Section 9.
5914 Limitation of Actions Act 1955 Clause 33 of Schedule. 5934 Property Law and Transfer of Land Act 1955 So much as is not otherwise repealed. 6012 Registrar-General's Fees Act 1956 Section 8. 6123 Property Law (Amendment) Act 1957 The whole. ————————— Sch. 2 repealed by No. 9043 s. 2(c). * * * * * ————————— Section 46. No. 5934 s. 3. Sch. 3 amended by Nos 6433 s. 2 (as amended by No. 6489 s. 4), 6961 s. 2, 9427 s. 6(1)(Sch. 5 item 149), 9633 s. 9, substituted by No. 9858 s. 7(b). THIRD SCHEDULE Sch. 3 Sch. 3 cl. 1 amended by No. 35/1996 s. 453(Sch. 1 item 68.4(a)). 1. The muniments of title in respect of the land sold shall be produced on demand to the purchaser or his legal practitioner who shall within twenty-one days from the day of sale deliver to the vendor or his legal practitioner in writing all requisitions or objections (if any) on or to the title or concerning any matter appearing in the particulars or conditions. If the vendor fails to produce such muniments of title on demand such twenty-one days shall
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 : All of Act in operation Supreme Court Act 1986, No. 110/1986 Assent Date: 16.12.86 Commencement Date: 1.1.87: s. 2 : All of Act in operation Endnotes Friendly Societies Act 1986, No. 119/1986 Assent Date: 23.12.86 Commencement Date: 1.9.87: Government Gazette 26.8.87 p. 2257 : 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 : 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 : 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 : 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 : 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 : 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 : All of Act in operation Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989
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 : 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 : 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) : This information relates only to the provision/s amending the Property Law Act 1958 Endnotes 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 : 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) : 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) : 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) : 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)