Victorian Current Acts

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PROPERTY LAW ACT 1958 - SECT 23

Abstract of title to legal estates

    (1)     Where title is shown to a legal estate in land, it shall be deemed not necessary or proper to include in the abstract of title an instrument relating only to interests or powers which will be overreached by the conveyance of the estate to which title is being shown; but nothing in this Division shall affect the liability of any person to disclose an equitable interest or power which will not be so overreached, or to furnish an abstract of any instrument creating or affecting the same.

S. 23(2) amended by No. 35/1996 s. 453(Sch. 1 item 68.2).

    (2)     A legal practitioner delivering an abstract framed in accordance with this Division shall not incur any liability on account of an omission to include therein an instrument which, under this section, is to be deemed not necessary or proper to be included, nor shall any liability be implied by reason of the inclusion of any such instrument.

No. 3754 s. 24.



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