South Australian Current Acts

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REAL PROPERTY ACT 1886 - SECT 71

71—Saving of certain rights and powers

Nothing in the two preceding sections contained shall be construed so as to affect any of the following rights or powers, that is to say—

            (a)         Sales by Sheriff

the power of the Sheriff to sell the land of a judgment debtor under a writ of execution;

            (b)         Sales under order of the Court

the power of the Court to order the sale of land;

            (c)         Transmissions on bankruptcy or assignment

the right of the Official Receiver or of any trustee to land transmitted on the bankruptcy or statutory assignment of the registered proprietor;

            (d)         Contracts

the rights of a person with whom the registered proprietor of land has made a contract for the sale of the land, or in relation to any other matter affecting the land;

            (e)         Trusts

the rights of a cestui que trust where the registered proprietor is a trustee, whether the trust shall be express, implied, or constructive;

            (f)         Deed-poll by promoters of an undertaking

the right of promoters of an undertaking to vest land in themselves by deed-poll pursuant to the Compulsory Acquisition of Land Act 1925 or any Act amending the same,

provided that no unregistered estate, interest, power, right, contract, or trust shall prevail against the title of a registered proprietor taking bona fide for valuable consideration, or of any person bona fide claiming through or under him.



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