New South Wales Consolidated Acts

CONVEYANCING ACT 1919 - SECT 79

79 Covenants implied on conveyance of property subject to incumbrance

(1) In every conveyance by way of sale subject to an incumbrance, and whether the conveyance is executed by the purchaser or not, there shall be implied a covenant by the person to whom the property is conveyed with the person making the conveyance, to pay the moneys or perform the obligations secured by the incumbrance, and to perform and observe the covenants and provisions of the incumbrance, and to keep harmless and indemnified the person making the conveyance in respect of such moneys, obligations, covenants, and provisions.

(2) This section does not apply to sales made in pursuance of any writ of execution.

(3) This section applies only to conveyances made after the commencement of this Act.