Victorian Current Acts

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PROPERTY LAW ACT 1958 - SECT 60

Power to dispose of fee-simple by deed without words of inheritance

    (1)     A disposition of freehold land by deed to any person without words of limitation or any equivalent expression shall pass to the grantee the fee-simple or other the whole interest which the disposer had power to dispose of by deed in such land unless a contrary intention appears in the disposition.

    (2)     A disposition of freehold land by deed to a grantee to uses without words of limitation or any equivalent expression shall be construed as if the land had been expressed to be disposed of to the grantee in fee-simple to the uses declared.

    (3)     Under a disposition of freehold land by deed to the use of any person without words of limitation or any equivalent expression the person in whose favour the use is declared shall unless a contrary intention appears in the disposition take the whole estate or interest which under the disposition is taken by the grantee to uses.

    (4)     A disposition by deed to a corporation to any use shall operate in the same way as if the disposition had been made to a natural person to the same use.

    (5)     A disposition of freehold land to a corporation sole by his corporate designation without the word "successors" shall pass to the corporation the fee-simple or other the whole interest which the disposer had power to dispose of in such land unless a contrary intention appears in the disposition.

    (6)     The foregoing provisions of this section shall apply only to conveyances and deeds executed after the thirty-first day of December One thousand nine hundred and eighteen:

Provided that in a deed executed after the thirty‑first day of January One thousand nine hundred and five, it shall be sufficient in the limitation of an estate in fee-simple to use the words "in fee" or "in fee-simple" without the word " heirs" or to use the words " in tail" or "in tail male" or "in tail female" without the words "heirs of the body" or " heirs male of the body" or " heirs female of the body" [19] .

No. 3754 s. 61.



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