New South Wales Consolidated Acts
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CONVEYANCING AND LAW OF PROPERTY ACT 1898
- As at 28 July 1999
- Act 17 of 1898
TABLE OF PROVISIONS
Long Title
PART 1A - PRELIMINARY
1. Name of Act
2. First Schedule
2A. Definition
PART 1 - TITLES TO CROWN GRANTS
3. Certain conveyances to pass the fee to purchaser notwithstanding the omission of words of inheritance
4. For remedy of insufficient descriptions in grants
5. Proviso to protect subsequent grants and adverse holders
6. New description to be advertised etc
7. The like provisions in case of error in names
8. Proof of instrument
9. Cases may be referred to Commissioners for claims to grants
10. Conditions in grants
11. Protection to bona fide purchasers against persons claiming against grantees by matter of prior date
12. Protection to bona fide purchaser from grantee in possession
13. The like in certain other cases
14. Proclamations promising Crown grants
15. Lands of debtors or accountants to the Crown
PART 2 - CLAIMS TO GRANTS OF LAND
16. Appointment etc of Commissioners for claims to Crown grants
17. Appointment of Secretary
18. Governor as often as he shall see fit to refer all claims to grants of land to Commissioners
19. Commissioners to be guided by the real justice and good conscience of the case
20. Meetings of the Commissioners
21. Power of Commissioners to summon witnesses
22. Offences
23. Effect of mortgages and judgments prior to actual grant
24. Remuneration of Commissioners and Secretary
25. Fees to be taken by Secretary to Commissioners
PART 3 - THE CONVEYANCE AND ASSIGNMENT OF PROPERTY
26. Deeds executed by married woman under proclamation of 6 March 1819 valid
27. Acknowledgment of deeds where marksman is a party
28. Fees payable
29, 30. (Repealed)
31. Registration of deed of feoffment equivalent to livery of seisin
32. Release equivalent to lease and release
33. Provision for cases of future and contingent uses
34-36. (Repealed)
PART 4 - LEASES AND SALES OF SETTLED ESTATES AND ESTATES OF MINORS
37. Interpretation
38. The Court's power of making leases
39. Leases may contain special covenants
40. Parts of settled land may be leased
41. Leases may be surrendered and renewed
42. Power to authorise leases to extend to preliminary contracts
43. Modes in which leases may be authorised
44. What evidence to be produced on an application to authorise leases
45. After approval of a lease Court to direct who shall be the lessor
46. Powers of leasing may be vested in trustees
47. Minerals may be excepted from leases
48. Court may authorise sale of settled estates
49. Consideration for land sold for building may be a fee-farm rent
50. Minerals etc may be excepted from sales
51. Court may authorise dedication of any part of settled land for streets, roads, and other works
52. As to laying out and making and executing and maintaining streets, roads, and other works and expenses thereof
53. How sales and dedications are to be effected under the direction of the Court
54. Application to exercise powers conferred by this Act
55. With whose consent such application to be made
56. (Repealed)
57. Notice to be given to persons who do not concur or consent to the application
58. Court may dispense with notice under certain circumstances
59. Court may dispense with consent having regard to the number and interests of parties
60. Application may be granted, without consent, saving rights of non-consenting parties
61. Notice of application to be served on all trustees etc
62. Notice of application to be given in newspapers if Court directs
63. Payment and application of moneys arising from sales or set aside out of rent
64. Transmission and devolution of capital money
65. Trustees may apply moneys in certain cases without application to Court
66. Until money can be applied to be invested and dividends to be paid to parties entitled
67. Court may direct application of money in respect of leases or reversions as may appear just
68. Leases by tenants for life of settled estates
69. Against whom such leases shall be valid
70. Minors, mentally ill persons etc
71. Powers of Court in certain circumstances
72. (Repealed)
73. Application by or consent of married woman
74. No obligation to make or consent to application etc
75. Evidence of execution of counterpart lease by lessee
76. Record of the exercise of the powers conferred
77. Court may exercise powers repeatedly and may exercise them notwithstanding any declaration to the contrary by the settlors
78. Court not to authorise any act which could not have been authorised by the settlor
79. Acts of Court in professed pursuance of this Act not to be invalidated
80. Costs
81. Rules of Court
PART 5 - RENEWABLE LEASEHOLDS
82. Surrender and renewal of leasehold of minor
83. Charges attending renewal to be charged on estates as the Court directs
84. New leases shall be to the same uses
85. Renewal of lease for minor
86. If persons bound to renew are out of the jurisdiction of the Court, the renewals may be made by a person appointed by the Court in the name of the person who ought to have renewed
87. Fines to be paid before renewals executed
88. Premiums, how to be paid
89. Surrender and leases deemed valid
90. Costs
PART 6 - MORTGAGES
91-110. (Repealed)
PARTS 7, 8 - (Repealed)
None
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
SCHEDULE 4
SCHEDULE 5
SCHEDULE 6
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