New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Download] [History] [Help]

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 (Repealed)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 (Repealed)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


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback