Property Law Act 1952

• Jurisdiction: New Zealand
• Citation: 1952 No 51
• Reference: 1952 No 51
• Record Number: DLM267064
• Act Number: 51
• Type of Document: Act

Contenidos

• Property Law Act 1952
• Preamble
• Contents
• 1 Short Title and commencement
• 2 Interpretation
• 3 Application to Land Transfer land
• Part 1
• 4 Formalities of deed
• 5 Deed by corporation
• 6 Receipt for consideration money
• 7 Person not named may take benefit
• 8 Construction of supplemental or annexed deed
• 9 Exercise of powers
• 10 Partitions, exchanges, etc
• 11 Appointments
• 12 Disclaimers
• 13 Construction of word month
• Part 2
• 14 Uses not necessary
• 15 Certain forms of assurance abolished
• 16 Estates tail abolished
• 17 Estates by wrong abolished
• 18 Freehold in futuro may be created
• 19 Estate in chattel real may be created by deed
• 20 When contingent remainders capable of taking effect
• 21 Rights of entry, etc
• 22 Certain expressions to be words of purchase; rule in Shelley's case abolished
• 23 Restriction on executory limitations
• 26 Possibility upon a possibility
• 28 Vendor's lien taken away
• 29 Equitable waste
• 30 No merger by operation of law
• 31 Release of part of land charged not to be extinguishment of rent
• 32 Corporations may hold as joint tenants
• 33A Restrictions on ground of colour, race, etc, to be void
• 33B Restrictions requiring sterility
• 34 Disclaimer of powers
• 35 Intermediate income of contingent or executory gifts
• 36 Receipts for income by married infants
• 37 Heirs and other words interpreted
• 38 Heirs of the body and other words interpreted
• 40 Appointments valid notwithstanding objects excluded
• 40A Property agreements between persons cohabiting as husband and wife
• Part 3
• 43 Fee to pass without words of limitation
• 44 Form of conveyance
• 45 Conveyance to vest ownership
• 46 Conveyance subject to trust
• 47 What a conveyance of land is deemed to include
• 48 Declaration by tenants in common to become joint tenants
• 49 Person may convey property to himself
• 49A Certain instruments to be in writing
• Part 4
• 50 Restrictions on and relief against rescission
• 51 Auction sales
• 52 Application of stated conditions of sale
• 54 Contracts where certificate of title is limited
• 55 Rights of purchaser as to execution
• 56 Payment of consideration money to solicitor
• 57 Validity of conveyances by executors, etc
• 58 Restriction on constructive notice
• 59 Orders of Court conclusive
• 60 Alienation with intent to defraud creditors
• 61 Voluntary alienation of land with intent to defraud purchaser
• 62 Purchase in good faith of reversion not to be set aside for undervalue only
• 62A Rule in Bain v Fothergill abolished
• Part 5
• 63 Benefit of covenants relating to land
• 64 Burden of covenants relating to land
• 64A Covenants to run with land
• 65 Effect of covenant with 2 or more jointly
• 66 Covenants and agreements made by a person with himself and others
• 66A Covenants and agreements made by a person with himself
• 67 Covenants to be joint and several
• 68 Implied covenants may be negatived
• 69 Benefit of covenant for title
• 70 Construction of covenants
• 71 Power to re-enter not implied
• Part 6
• 72 Covenants implied in conveyance by way of sale, etc
• 73 Covenants implied in conveyance subject to encumbrance
• 74 Covenants implied in conveyance of term of years
• 75 Covenants implied in conveyance by trustees, etc
• Part 7
• 76 Form of mortgage
• 77 No equitable mortgage by deposit of deeds
• 78 Covenants, etc, implied in all mortgages
• 79 Endorsements on mortgages
• 80 Effect of advance on joint account, etc
• 80A Security for further advances
• 80B Right of mortgagor to bring proceedings against mortgagee
• 81 Equity of redemption
• 82 Mortgagor may require mortgagee to assign instead of reconveying
• 83 Encumbrancer to have the like right
• 84 Power for mortgagor to inspect title deeds
• 85 Restriction on consolidation
• 86 Sale of mortgaged property in action for redemption
• 87 Repayment when mortgagee cannot be found, etc
• 88 Suit for possession of land by mortgagor
• 89 Foreclosure prohibited
• 90 Mortgagee accepting interest not to call up without notice
• 91 Powers of mortgagee in possession
• 92 Restriction on exercise by mortgagee of his rights
• 93 Power to authorise land and minerals to be dealt with separately by mortgagee
• 94 Power of sale in mortgage includes certain powers incident thereto
• 95 Mortgagee in possession may cut and sell certain trees
• 96 Application of last 2 sections
• 97 Mortgaged property may be sold or leased together at one price or rent
• 98 Mortgagee's receipts, discharges, etc
• 99 Sale of mortgaged land by Registrar
• 100 Mortgagor may redeem at mortgagee's valuation
• 101 Mortgagee may become purchaser
• 102 Protection of bona fide purchaser
• 102A Payment of surplus money after sale when mortgagor cannot be found
• 103 Fees payable on applications
• 103A Duty of mortgagee exercising power of sale
• 103B No defence or indemnity
• 104 Purchaser personally liable to mortgagee
• 104AA Regulations
• Part 7A
• 104BB Application
• 104CC Interpretation
• 104DD Notice of entry into possession of, or receipt of income from, mortgaged property
• 104EE Public notice
• 104FF Mortgagor to make information available to mortgagee
• ...