Australian Capital Territory Current Acts

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LAND TITLES ACT 1925 - SECT 112

Implied covenants may be modified or negatived

    (1)     Every covenant and power to be implied in any instrument by virtue of this Act may be negatived, varied or extended by express declaration in the instrument or endorsed thereon.

    (2)     Any such covenant or power so varied or extended shall, so far as may be, operate in the like manner and with all the like incidents, effects and consequences as if the variations or extensions were implied under this Act.

    (3)     In any pleading in an action for a supposed breach of any such covenant, the covenant alleged to be broken may be set forth, and it shall be lawful to allege that the party against whom the action is brought did so covenant precisely in the same manner as if the covenant had been expressed in words in the memorandum of transfer or other instrument, any law or practice to the contrary notwithstanding.

    (4)     Every such implied covenant or power shall have the same force and effect, and may be enforced in the same manner as if it had been set out at length in the instrument.



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