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 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. 19 Power to dispose of all rights and interests in land (1) All rights and interests in land may be disposed of, including—
than the covenant to pay the entire rent" had been omitted. (3) In this section conveyance shall not include a demise by way of lease or rent. (4) Any covenant which would be implied under this section by reason of a person conveying or being expressed to convey as beneficial owner may, by express reference to this section, be implied, with or without variation, in a conveyance, whether or not for valuable consideration, by a person who conveys or is expressed to convey as settlor, or as trustee, or as mortgagee, or as personal representative of a deceased person, or as committee of a lunatic, or under an order of the Court. (5) The benefit of a covenant implied as aforesaid shall be annexed and incident to, and shall go with, the estate or interest of the implied covenantee, and shall be capable of being enforced by every person in whom that estate or interest is, for the whole or any part thereof, from time to time vested. (6) A covenant implied as aforesaid may be varied or extended by deed, and, as so varied or extended, shall, as far as may be, operate in the like manner, and with all the like incidents, effects and consequences, as if such variations or extensions were directed in this section to be implied. (7) In particular any covenant implied under this section may be extended by providing that— (a) the land conveyed; or (b) the part of the land affected by the rentcharge which remains vested in the covenantor; or
No. 3754 s. 174. 174 Subsequent conveyance not to be evidence of intent to defraud For the purposes of the last preceding section, no voluntary disposition, whenever made, shall be deemed to have been made with intent to defraud by reason only that a subsequent conveyance for valuable consideration was made, if such subsequent conveyance was made after the ninth day of February One thousand eight hundred and ninety-six. In this and the last preceding section disposition includes every mode of disposition mentioned or referred to in the Transfer of Land Act 1958. No. 3754 s. 175. 175 Acquisitions of reversions at an under value (1) No acquisition made in good faith, without fraud or unfair dealing, of any reversionary interest in real or personal property, for money or money's worth, shall be liable to be opened or set aside merely on the ground of under value. In this subsection reversionary interest includes an expectancy or possibility. (2) This section shall not affect the jurisdiction of the Court to set aside or modify unconscionable bargains. Division 10—Miscellaneous Corporations No. 3754 s. 176. 176 Corporations sole Where either after or before the commencement of this Act any property or any interest therein is or has been vested in a corporation sole (including the Crown), the same shall, unless and until otherwise disposed of by the corporation, pass and devolve to and vest in and be deemed always to have passed and devolved to or vested
shall (subject to any order of the Court), for all purposes affecting the title to property, be presumed to have occurred in order of seniority, and accordingly the younger shall be deemed to have survived the elder. No. 3754 s. 185. 185 Merger There shall be no merger by operation of law only of any estate the beneficial interest in which would not be deemed to be merged or extinguished in equity. No. 3754 s. 186. 186 Rights of pre-emption capable of release All statutory and other rights of pre-emption affecting a legal estate shall be and be deemed always to have been capable of release. No. 3754 s. 187. S. 187 amended by No. 71/2005 s. 3 (ILA s. 39B(1)). 187 Power to direct division of chattels (1) Where any chattels belong to persons in undivided shares, the persons interested in a moiety or upwards may apply to the Court for an order for division of the chattels or any of them, according to a valuation or otherwise, and the Court may make such order and give any consequential directions as it thinks fit. S. 187(2) inserted by No. 71/2005 s. 3. (2) Despite subsection (1), if the chattels in relation to which the application could be made are goods within the meaning of Part IV, a person must make an application under Division 2 of Part IV, not an application under subsection (1). S. 187(3) inserted by No. 71/2005 s. 3. (3) It is the intention of subsection (2) to alter or vary section 85 of the Constitution Act 1975.
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 Part before that commencement as if Part IV had not been substituted by that Act. No. 3754 s. 235. 235 Definitions In this Part unless inconsistent with the context or subject-matter— assurance means any deed or instrument (other than a will) by which any land is conveyed or transferred at law or in equity; descent means the title to inherit land by reason of consanguinity as well where the heir is an ancestor or collateral relation as where he is a child or other issue; descendants of any ancestor includes all persons who must trace their descent through such ancestor; land includes messuages and all other hereditaments whether corporeal or incorporeal and whether freehold or of any other tenure and money to be laid out in the purchase of land and chattels and other personal property transmissible to heirs and also any share of the same hereditaments and properties or any of them and any estate of inheritance or estate for any life or lives or
Assent Date: 18.12.62 Commencement Date: 18.12.62: subject to s. 3 : 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 : 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 : 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 : 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 : All of Act in operation Property Law (Amendment) Act 1968, No. 7716/1968 Assent Date: 14.11.68 Commencement Date: 14.11.68 : All of Act in operation Perpetuities and Accumulations Act 1968, No. 7750/1968 Assent Date: 10.12.68 Commencement Date: 10.12.68 : All of Act in operation Statute Law Revision Act 1971, No. 8181/1971 Assent Date: 23.11.71 Commencement Date: 23.11.71 : 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 : 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 : All of Act in operation Age of Majority Act 1977, No. 9075/1977
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 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 : 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 : 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) : 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