Victorian Current Acts

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PROPERTY LAW ACT 1958 - SECT 255

Extent of the estate created by a tenant in tail by way of mortgage or for any other limited purpose

If a tenant in tail of land makes a disposition of the same under this Part by way of mortgage or for any other limited purpose, then and in such case such disposition shall to the extent of the estate thereby created be an absolute bar in equity as well as at law to all persons as against whom such disposition is by this Part authorized to be made, notwithstanding any intention to the contrary may be expressed or implied in the deed by which the disposition is effected: Provided always that if the estate created by such disposition is only an estate pur autre vie or for years absolute or determinable, or if by a disposition under this Part by a tenant in tail of land an interest charge lien or incumbrance is created without a term of years absolute or determinable or any greater estate for securing or raising the same, then such disposition shall in equity be a bar only so far as may be necessary to give full effect to the mortgage or to such other limited purpose or to such interest lien charge or incumbrance, notwithstanding any intention to the contrary is expressed or implied in the deed by which the disposition may be effected.

No. 3754 s. 255.



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