Australian Capital Territory Repealed Acts

This legislation has been repealed.

CONVEYANCING ACT 1919 (REPEALED) - SECT 78B

On conveyance of leaseholds for value by beneficial owner

    (1)     In a conveyance of leasehold property for valuable consideration other than a mortgage the following further covenant, by a person who conveys and is expressed to convey as beneficial owner:

That, notwithstanding anything by the person who so conveys or anyone through whom he or she derives title otherwise than by purchase for value made, done, executed, or omitted or knowingly suffered, the lease or grant creating the term or estate for which the land is conveyed, is at the time of conveyance a good, valid, and effective lease or grant of the property conveyed, and is in full force unforfeited, unsurrendered, and is not void or voidable;

AND that, despite this, all the rents reserved by, and all the covenants, conditions, and agreements contained in, the lease or grant, and on the part of the lessee or grantee and the persons deriving title under him or her, to be paid, observed, and performed, have been paid, observed, and performed up to the time of conveyance.

    (2)     In this section:

"purchase for value" does not include a conveyance in consideration of marriage.