Western Australian Current Acts

PROPERTY LAW ACT 1969

TABLE OF PROVISIONS

           Long Title

   PART I -- Preliminary  

   1.      Short title
            
   2.      Commencement
            
   4.      Repeals
            
   5.      Savings
            
   6.      Application of this Act to certain Acts
            
   7.      Terms used in this Act

   PART II -- Deeds and other instruments  

   8.      Construction of expressions used in deeds and other instruments
            
   8A.     Other valuation procedures
            
   9.      Formalities of deed
            
   10.     Execution of instruments by or on behalf of corporations
            
   11.     Persons taking who are not parties
            
   12.     Description of deeds
            
   13.     Conditions and certain covenants not implied
            
   14.     Receipt in deed sufficient
            
   15.     Receipt in deed or endorsed evidence
            
   16.     Construction of supplemental or annexed instrument

   PART III -- General rules affecting property  

   17.     Tenant for life without impeachment of waste, not to commit equitable waste
            
   18.     No merger at law where none in equity
            
   19.     Suits for possession of land by mortgagors
            
   20.     Assignment of debts and choses in action
            
   21.     Stipulations not of the essence of a contract
            
   22.     Satisfied terms, whether created out of freehold or leasehold land, to cease
            
   23.     Estates tail abolished
            
   24.     Creation by deed of freehold in futuro
            
   25.     Creation by deed of estate in chattel real
            
   26.     Contingent remainders to take effect notwithstanding premature failure of preceding estate
            
   27.     Rule in Shelley’s Case abolished
            
   28.     Restriction on executory limitations
            
   29.     Corporations may hold as joint tenants
            
   30.     Receipts for income by married minors
            
   31A.    Illegitimates to be included in class references

   PART IV -- Conveyances and other instruments  

   32.     Lands lie in grant only
            
   33.     Conveyances to be by deed
            
   34.     Instruments required to be in writing
            
   35.     Creation of interests in land by parol
            
   36.     Savings in regard to sections 34 and
            
           37. Power to dispose of fee simple by deed without words of inheritance
            
   38.     No use to result from absence of consideration
            
   39.     Limitations may be by direct conveyance without uses
            
   40.     No conveyance to have tortious operation
            
   41.     General words implied in conveyances
            
   42.     All estate clause implied
            
   43.     Partial release of land from rent
            
   44.     Power to person to convey property to himself etc.

   PART V -- Covenants  

   45.     Covenants for title implied
            
   46.     Construction of implied covenants
            
   47.     Benefits of covenants relating to land
            
   48.     Burden of covenants relating to land
            
   49.     Construction of covenants affecting land
            
   50.     Covenants to be joint and several
            
   51.     Effect of covenant with 2 or more jointly
            
   52.     Covenants and agreements entered into by a person with himself and another or others

   PART VI -- Mortgages  

   53.     Foreclosure extinguishes right of action for mortgage debt and equity of redemption
            
   54.     Realisation of equitable charges by the Court
            
   55.     Sale of mortgaged property in action for redemption or foreclosure
            
   56.     Restriction on consolidation of mortgages
            
   57.     Implied powers of mortgagees
            
   58.     Power to appoint receiver in the case of mortgage under the Transfer of Land Act 1893
            
   59.     Regulation of exercise of power of sale
            
   60.     Conveyance in exercise of power of sale
            
   61.     Application of proceeds of sale
            
   62.     Provisions as to exercise of power of sale
            
   63.     Mortgagee’s receipts, discharges etc.
            
   64.     Amount and application of insurance money
            
   65.     Appointment, powers, remuneration and duties of receiver
            
   66.     Application of money received by receiver
            
   67.     Effect of advance on joint account
            
   68.     Notice of trusts affecting mortgage money

   PART VII -- Leases and tenancies

           Division 1 -- Application of this Part  

   68A.    Limitation

           Division 1a -- General  

   69.     This Part to apply to leases under the Transfer of Land Act 1893
            
   70.     Tenant not prejudiced by assignment before notice
            
   71.     Tenancy from year to year not implied
            
   72.     Termination of tenancies
            
   73.     Waiver of a covenant in a lease, not to operate as general waiver
            
   74.     Abolition of interesse termini, and as to reversionary leases and leases for lives
            
   75.     Effect of extinguishment of reversion
            
   76.     Apportionment of conditions on severance
            
   77.     Rent and benefit of lessee’s covenants to run with reversion
            
   78.     Obligation of lessor’s covenants to run with reversion
            
   79.     Effect of licences granted to lessees
            
   80.     Consent to assign or sublet not to be unreasonably withheld
            
   81.     Restrictions and relief against forfeiture of leases and under-leases
            
   82.     Certain assignments not to be deemed a breach
            
   83.     Surrender of head lease to grant new lease not to prejudice under-lease

           Division 2 -- Options in leases  

   83A.    Interpretation
            
   83B.    Construction and application of Division
            
   83C.    Breach of certain obligations not to preclude lessee from exercising option in certain circumstances
            
   83D.    Court may grant relief from breach of certain obligations
            
   83E.    Lease to continue in force until issue decided

   PART VIII -- Powers of attorney  

   84.     Execution by attorney in his own name
            
   85.     Continuance until notice of death or revocation received
            
   86.     Irrevocable power of attorney for value
            
   87.     Power of attorney made irrevocable for fixed time
            
   88.     Application to corporations

   PART IX -- Voidable dispositions  

   89.     Voluntary conveyances to defraud creditors voidable
            
   90.     Voluntary disposition to defraud purchasers voidable
            
   91.     Subsequent conveyance not to be evidence of intent to defraud
            
   92.     Acquisitions of reversions at an under value

   PART X -- Powers of appointment  

   93.     Disclaimer etc. of powers
            
   94.     Effect of disclaimer etc.
            
   95.     Protection of purchasers claiming under certain void appointments
            
   96.     Validation of appointments where objects are excluded or take illusory shares
            
   97.     Execution of powers not testamentary
            
   98.     Application of this Part to existing powers

   PART XI -- Perpetuities and accumulations  

   99.     Application
            
   100.    Terms used in this Part
            
   101.    The perpetuity period
            
   102.    Capacity to procreate or bear a child
            
   103.    Wait and see rule
            
   104.     Power of Court to make declaration as to validity of limitations
            
   105.    Invalid age contingencies
            
   106.    Class gifts
            
   107.    Order of applying rules
            
   108.     Unborn spouses or de facto partners
            
   109.    Dependent limitations
            
   110.    Options
            
   111.    Application of the rule to possibilities of reverter, rights of entry and resulting trusts
            
   112.    Powers of appointment
            
   113.    Accumulations of income
            
   114.    Rule in Whitby v. Mitchell abolished
            
   115.    Superannuation funds etc.

   PART XII -- Succession  

   118.    Intermediate income of executory or contingent gifts
            
   119.    Application of section
            
   120.     Devolution of property in cases of simultaneous deaths

   PART XIII -- Easements, encroachments and mistake  

   121.    Easement of light and air only by registered grant or instrument
            
   122.    Power of Court to grant special relief in cases of encroachment
            
   123.    Relief in cases of mistake as to boundaries or identity of land
            
   124.    Recovery of payments made under mistake of law
            
   125.    Payments made under mistake of law or fact not always recoverable

   PART XIV -- Partition of land and division of chattels  

   126.    In action for partition Court may direct land to be sold
            
   127.    Proceeds of sale, how applied
            
   128.    Costs in partition suits
            
   129.    Division of chattels

   PART XV -- Apportionment  

   130.    Terms used in this Part
            
   131.    Income apportionable in respect of time
            
   132.    Time when apportioned part payable
            
   133.    Recovery of apportioned parts
            
   134.    Exceptions and application

   PART XVI -- Service of notices  

   135.    Mode of service
           FIRST SCHEDULE
           SECOND SCHEDULE
           THIRD SCHEDULE