New South Wales Consolidated Acts

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- As at 20 October 2021 
- Act 6 of 1919 


           Long Title


   1.      Name of Act and commencement
   2.      (Repealed)
   3.      Repeals
   4.      Operation of Act
   5.      Restriction on validation of instruments
   6.      Application of Act to Real Property Act 1900 and other Acts
   6A.     Application of Act to electronic form plans and other documents
   6B.     Arrangements for payment of fees
   6C.     Electronic form documents and signatures


   7.      Definitions
   7A.     Current plan


           Division 1 - Rules of law upon certain points

   8.      (Repealed)
   9.      Equitable waste
   10.     Merger
   11.     Mortgagor
   12.     Assignments of debts and choses in action
   13.     Stipulations not of the essence of contracts

           Division 2 - Land

   14.     The immediate freehold of land to lie in grant as well as in livery
   15.     Creation of certain estate in chattels real
   16.     When contingent remainders capable of taking effect
   17.     Rule in Shelley's case excluded in certain cases
   18.     Release of part of land from rent charge not to extinguish whole charge
   19.     Limitations of estates tail to pass the fee simple
   19A.    Estates tail--further provisions
   20.     (Repealed)
   21.     Dower abolished
   22.     No assurance to have tortious operation
   23.     Dealings with land of undischarged bankrupt
   23A.    Abolition of the double possibility rule

           Division 3 - Assurances of land

   23B.    Assurances of land to be by deed
   23C.    Instruments required to be in writing
   23D.    Creation of interests in land by parol
   23E.    Savings in regard to secs 23B, 23C, 23D

           Division 3A - Transactions with respect to existing lots

   23F.    Certain transactions to refer to lots shown on current plan
   23G.    Exceptions to sec 23F

           Division 3B - Subdivisions to allow leases for caravan parks or mobile home estate purposes

   23H.    Definitions
   23I.    Transactions

           Division 3C - Subdivisions to allow leases for forestry purposes

   23J.    Definition
   23K.    Transactions

           Division 4 - Property generally

   24.     Person may assure property to himself or herself, or to himself or herself and others
   25.     Power for corporations to hold property as joint tenants
   26.     Construction of conveyance etc of any property beneficially to two or more persons together
   27.     Tenants in common of equitable estate acquiring the legal estate
   28.     Release and disclaimer of powers
   29.     Appointments to be valid notwithstanding one or more objects excluded
   29A.    Protection of purchasers claiming under certain void appointments
   29B.    Restrictions on executory limitations
   29C.    Restrictions on operation of conditions of forfeiture
   30.     Notice of severance of joint tenancy
           31, 31A. (Repealed)
   32.     Vesting in executor or administrator de bonis non
   33.     Meaning of heir, next of kin, or statutory next of kin of any person
   34.     Meaning of heir (male or female) or heirs (male or female) of the body of any person
   35.     Presumption of survivorship
   36.     (Repealed)
   36A.    Power to direct division of chattels
   36B.    Contingent and future interests to carry the intermediate income
   36C.    Persons taking who are not parties
   36D.    Provisions as to supplemental instruments
   37.     (Repealed)

           Division 5 - Voidable dispositions

   37A.    Voluntary alienation to defraud creditors voidable
   37B.    Voluntary alienation of land how far voidable as against purchasers
   37C.    Acquisitions of reversions at an under value

           Division 6 - (Repealed)


           Division 1 - Deeds and their effect

   38.     Signature and attestation
   38A.    Electronic form deeds
   39.     Receipt in deed sufficient
   40.     Receipt in deed or indorsed evidence for subsequent purchaser
   41.     Mode of exercise of powers

           Division 2 - (Repealed)

           Division 3 - Operation of deed

   43.     Form of deed
   44.     No use to result from absence of consideration
   45.     Grant of easements etc by way of use
   45A.    Reservation of easements etc in conveyances of land
   46.     In conveyance use of word grant unnecessary
   47.     Words of limitation in fee
           48, 49. (Repealed)
   50.     Rights of entry etc
   51.     (Repealed)

           Division 4 - Corporation instruments

   51A.    Execution of instruments by or on behalf of corporations


           Division 1A - Application of Part

   52.     Application of Part 4 to land under Real Property Act 1900

           Division 1 - General provisions

   52A.    Contracts for sale of land
   53.     Obligation to show title etc
   54.     Application of stated conditions to all sales
   54A.    Contracts for sale etc of land to be in writing
   54B.    Damages: defective title
   55.     Right of purchaser to recover deposit etc
   56.     No rescission by vendor on purchaser's objections etc until purchaser has reasonable opportunity to waive objections etc
   57.     Conditions of sale of land under the provisions of the Real Property Act 1900
   58.     Notice of restrictive covenants
   59.     Rights of purchaser as to execution
   60.     Implied conditions in contracts for sale of land
   61.     Conditions of sale and agreements as to stamp duty void
   62.     (Repealed)

           Division 2 - Production and safe custody of title deeds

   63.     Covenants to produce implied by schedule of documents
   64.     Satisfaction of covenants to produce deeds

           Division 3 - Sales by auction

   65.     Auction sales

           Division 4 - Discharge of incumbrances on sale

   66.     Provision by court for incumbrances and sale freed therefrom

           Division 5 - Dispositions on trust for sale, or with power of sale

   66A.    Consents to the execution of a trust for sale
   66B.    Purchaser not to be concerned with the trusts of the proceeds of sale which are to be paid to two or more trustees or to a trust corporation
   66C.    Implied trust for sale in personalty settlements
   66D.    Powers of management etc conferred on trustees for sale
   66E.    Powers of court where trustees for sale refuse to exercise powers

           Division 6 - Statutory trusts of property held in co-ownership

   66F.    Definitions
   66G.    Statutory trusts for sale or partition of property held in co-ownership
   66H.    Trustee on statutory trusts for sale or partition to consult persons interested
   66I.    Right of co-owners to bid at sale under statutory power of sale

           Division 7 - Passing of risk between vendor and purchaser

   66J.    Definitions
   66K.    Postponement of passing of risk to purchaser
   66L.    Power to rescind contract where land substantially damaged
   66M.    Abatement of purchase price where land damaged
   66N.    Refusal to enforce specific performance against vendor
   66O.    Contracting out

           Division 8 - Sale of residential property

   66P.    Definitions
   66Q.    Meaning of "residential property"
   66R.    Preparation of proposed contract for sale of land
   66S.    Cooling off period
   66T.    No cooling off period in certain cases
   66U.    Cooling off rights
   66V.    Consequences of rescission
   66W.    Certificates
   66X.    Contract to contain statement regarding cooling off period
   66Y.    Operation of Division 8

           Division 9 - Options for purchase of residential property

   66Z.    Definitions
   66ZA.   Option to contain certain terms, conditions and warranties
   66ZB.   Cooling off period
   66ZC.   No cooling off period in certain cases
   66ZD.   Cooling off rights
   66ZE.   Consequences of rescission
   66ZF.   Certificates
   66ZG.   Option void in certain circumstances
   66ZH.   Option to contain statement regarding cooling off period
   66ZI.   Annexure of proposed contract for sale of land
   66ZJ.   Provisions relating to notices under sections 66ZH and 66ZI
   66ZK.   Operation of Division 9

           Division 10 - Off the plan contracts

   66ZL.   Definitions
   66ZM.   Documents to be attached to off the plan contract
   66ZN.   Service of notice of changes
   66ZO.   Purchaser's right to rescind after service of notice of changes
   66ZP.   Purchaser's right to rescind after service of registered plan
   66ZQ.   Notice of rescission
   66ZR.   Consequences of rescission after service of notice of changes
   66ZS.   Rescission under sunset clauses
   66ZT.   Deposit and instalments to be held as trust or controlled money
   66ZU.   Operation of Division 10


   67.     General words in conveyances of land or buildings
   68.     Provision for all the estate etc


           Division 1A - Application of Part

   69.     Application of Part 6 to land under the Real Property Act 1900

           Division 1 - General provisions

   70.     Benefit of covenants relating to land
   70A.    Burden of covenants relating to land
   71.     Effect of covenant with two or more jointly
   72.     Covenants etc by a person with himself or herself and another, or others
   73.     Implied covenants to be joint and several
   74.     Implied covenants may be negatived etc
   75.     Benefit of implied covenants
   76.     Construction of implied covenants and provisions
   77.     No implied rights in certain cases

           Division 2 - Covenants for title

   78.     Covenants for title to be implied

           Division 3 - Other covenants

   79.     Covenants implied on conveyance of property subject to incumbrance
   80.     Covenant implied in mortgage
   81.     Short forms of covenants by mortgagor
   82.     Case in which covenant in sec 80 not implied
   83.     Implied covenants, with mortgagees
   84.     Covenants by lessees
   84A.    Special provisions in relation to certain leases
   85.     Powers in lessor
   86.     Short forms of covenants by lessees
   87.     Cases in which covenants or powers in secs 84 and 85 not implied

           Division 4 - Easements and restrictive and positive covenants

   87A.    Definitions
   88.     Requirements for easements and restrictions on use of land
   88AA.   Limitation of enforceability of profits à prendre
   88AB.   Forestry rights to be deemed to be profits à prendre
   88AC.   Other easements and restrictions appurtenant to easements
   88A.    Easements in gross
   88BA.   Positive covenants for maintenance or repair
   88BB.   Creation of cross-easements for party walls by plans
   88B.    Creation and release of easements, profits à prendre and restrictions on use of land by plans
   88C.    Restrictions relating to brick construction
   88D.    Regulation of use of land held by a prescribed authority
   88E.    Regulation of use of land not held by a prescribed authority
   88EA.   Regulation of use of land subject to a forestry right
   88F.    Effect of certain positive covenants
   88G.    Certificate of amount due
   88H.    Injunctions
   88I.    Transfer of land to prescribed authority
   88J.    Production of title documents where sale, lease or foreclosure
   88K.    Power of Court to create easements
   89.     Power of Court to modify or extinguish easements, profits à prendre and certain covenants

           Division 5 - Other covenants

   89A.    Application of Division
   89B.    Memorandum of covenants
   89C.    Inclusion in registrable instrument of covenants in registered memorandum


           Division 1 - General provisions

   90.     Application of Division 1 to land subject to Real Property Act 1900
   91.     Indorsements on mortgages
   92.     Mortgagee accepting interest on overdue mortgage not to call up without notice
   93.     Right to redeem before time fixed for redemption
   94.     Obligation on mortgagee to transfer instead of discharging
   95.     Person entitled to require transfer
   96.     Power for mortgagor to inspect title deeds
   96A.    Notice of trusts affecting mortgage debts
   97.     Consolidation of mortgages abolished
   98.     Facilitation of redemption in case of deceased, absent or unknown mortgagees
   99.     Effect of advance on joint account etc
   99A.    Foreclosure order for certain charged land
   100.    Foreclosure extinguishes right of action for debt, and equity of redemption
   101.    Foreclosure, sale or redemption of land partly under the Real Property Act 1900
   102.    On judgment for mortgage debt the interest of the mortgagor not seizable
   103.    Sale of mortgaged or charged property in proceedings for foreclosure etc
   104.    Mortgaged property may be sold or leased together at one price or rent

           Division 2 - Leasing powers under mortgages and certain charges

   105.    Application of Division 2
   106.    Leasing powers where mortgages or certain charges
   107.    Acceptance of certain surrenders of leases

           Division 3 - Powers of mortgagees and persons having the benefit of certain charges

   108.    Application of Division 3
   109.    Powers of mortgagees and certain chargees
   109A.   Saving on severance of fixtures
   110.    Powers incidental to power of sale
   111.    Regulation of exercise of power of sale
   111A.   Duties of mortgagees and chargees in respect of sale price of land
   112.    Protection of purchaser and disposal of proceeds of sale
   113.    Receipts and discharges
   114.    Amount and application of insurance money
   115.    Powers, remuneration and duties of receiver
   115A.   Appointment of receivers


           Division 1A - Application of Part

   116.    Application of Part 8 to land under Real Property Act

           Division 1 - General provisions

   117.    Rent and benefit of lessees' covenants to run with reversion
   118.    Obligation of lessors' covenants to run with reversion
   119.    Apportionment of conditions on severance etc
   120.    Restriction of effect of waiver
   120A.   Abolition of interesse termini and as to reversionary leases
   121.    Chief leases may be renewed without surrendering under-leases
   122.    When reversion on a lease is surrendered etc the next estate to be deemed the reversion
   123.    Restriction on effect of licence to alien etc
   124.    Restricted operation of partial licences
   125.    Attornment etc
   126.    Contract for lease not part of title to lease
   127.    Tenancy from year to year not to be implied

           Division 2 - Forfeiture

   128.    Definitions
   129.    Restrictions on and relief against forfeiture of lease
   130.    Power of court to protect under-lessee on forfeiture of superior leases
   131.    Costs and expenses
   132.    No fine for a licence to assign
   133.    Involuntary assignment no breach of covenant against assignment etc

           Division 3 - Special provisions as to certain covenants

   133A.   Provisions as to covenants to repair
   133B.   Covenants against assigning etc

           Division 4 - Options in leases

   133C.   Definitions
   133D.   Application of Division
   133E.   Breach of certain obligations not to preclude option except in certain circumstances
   133F.   Court may grant relief from breach of certain obligations
   133G.   Lease to continue in force until issue decided


   134.    Enlargement of residue of long term into fee simple


   135.    Lease deemed to be granted in intended exercise of power
   136.    Certain invalid leases under powers to be construed as agreements to lease
   137.    Certain leases validated where grantor could not grant them
   138.    Confirmation of invalid leases
   139.    Lessee bound to accept confirmation of lease
   140.    Savings
   141.    This Part not to extend to certain leases


   142.    Definitions
   143.    (Repealed)
   144.    Rents and periodical payments


   145.    Charges on property of deceased to be paid primarily out of the property charged


   146.    Recovery of annual sums charged on land


   146A.   Capacity of aliens to hold and deal with property and interests in property


   147.    Acknowledgment by married woman not necessary
   148.    Married woman may by deed dispose of land or reversionary interest in property etc
           149-151. (Repealed)


   151A.   Minors not to be appointed trustees
   151B.   (Repealed)
   151C.   Management of land during minority
   151D.   Power to appoint trustees of minors' property


   152.    Definitions
   153.    Powers of executors and administrators as to sale, mortgage or lease of real estate
   154.    Powers of executors as to sale, mortgage or lease of real estate
   155.    (Repealed)
   156.    Validation of certain sales by administrators
   157.    Purchaser from devisee etc not bound to inquire as to payment of debts of testator or intestate
   157A.   Trustee or personal representative deemed entitled to sell and convey land resumed under statutory authority

   PART 16 - (Repealed)


   164.    Restriction on constructive notice
   165.    Stamping of documents not to give notice of trust or written contract
           166, 167. (Repealed)


   168.    Verification of instruments executed out of New South Wales
   168A.   Verification of instruments executed out of New South Wales by persons engaged on war service
   169.    Statutory declarations


   170.    Service of notices


   171.    Effect of payment into court
   172.    (Repealed)
   173.    Orders of court conclusive
   174.    Invalidity of writ not to affect sale
   175.    Property subject to power may be sold in execution


   176.    Protection of solicitors, licensed conveyancers, trustees etc


   177.    Duty of care in relation to support for land
   177A.   No distress for rent
   178.    No way by user against Crown etc
   179.    Right to light or air not deemed to exist by reason only of enjoyment or presumption of lost grant
   180.    Sale under power not to be avoided by reason of mistaken payment to tenant for life
   181.    Construction of expressions used in deeds and other instruments
   181A.   Construction of expressions used to create easements
   181B.   Construction of expression "party wall" in assurances of land
   182.    Saving clause as to acknowledgments endorsed on mortgages previously to 1893
   183.    Punishing of vendor for fraudulent concealment of deeds or falsifying pedigree
   184.    Abolition of Rule in Pigot's Case


           Division 1 - General Register of Deeds

   184A.   Registration copies
   184B.   Application of Division to certain instruments
   184C.   General Register of Deeds
   184D.   Registration of instruments
   184E.   Method of registration
   184F.   Destruction of documents
   184G.   Instruments affecting land to take effect according to priority of registration
   184H.   Mistakes in registration
   184I.   Correction of Register
   184J.   Provisions respecting certain Crown grants

           Division 2 - Registration of causes, writs, and orders affecting land

   185.    (Repealed)
   186.    Writs and orders under judgments or relating to legal proceedings
   187.    Orders affecting land
   188.    Protection of purchasers against non-registered writs etc
   189.    Judgments not to be a charge on land until writ or order registered
   190.    Charge on land to include expenses of registration
   190A.   Vacation of registration of causes, writs and orders
   191.    Application of Division to land under Real Property Act 1900
   192.    Writs, orders etc to which Division applies
   193.    Legal proceedings to which Division applies
   194.    Crown bound by Division

           Division 3 - Plans

   195.    Definitions
   195AA.  The e-plan system
   195A.   Lodgment of plans and related documents with Registrar-General
   195B.   Refusal to accept lodgment
   195C.   Form and certification of plans
   195D.   Signatures and consents
   195E.   Recording of plans which are not to be registered
   195F.   Certain plans to be in registrable form
   195G.   Registration of plans
   195H.   Amendment or replacement of plans
   195I.   Conveyance of land in plans
   195J.   Effect of registration or of rejection of plans
   196.    Presumptions relating to plans
   196AA.  Power of Registrar-General to serve notice of proposed action
   196AB.  Notice to produce electronic form plans and other documents

           Division 3A - Registration of resumptions

   196A.   Registration of resumptions

           Division 3B - Provisions relating to stratum lots

   196B.   Application of Division
   196C.   Definitions
   196D.   Building management statement may be registered
   196E.   Formal requirements
   196F.   Recording of information relating to building management statement
   196G.   Amendment of building management statement
   196H.   Signing of building management statement
   196I.   Effect of building management statement
   196J.   Effect of registration of strata management statement on building management statement
   196K.   Certain easements implied on registration of building management statement
   196L.   Effect of certain easements for access or services in buildings

           Division 4 - Official searches

   197.    Official searches

           Division 5 - General

   198.    Index to registers
   199.    Registers to be public records
   200.    Vacation of entries
   201.    Vacation of entry of legal proceedings
   202.    General rules under this Part as to registration and fees
   202A.   Savings, transitional and other provisions
   203.    Repeal
   203AA.  Keeping of plans and other documents
   203A.   Evidence of registered or recorded electronic form plans and documents
   204.    (Repealed)


   205.    Definitions
   206.    Establishment of the Central Register
   207.    Recording information in the Central Register
   208.    Access to information in the Central Register
   209.    Providing information on behalf of participating party
   210.    Fees
   211.    Protection from liability
   212.    Agreements
   213.    Rights and responsibilities of participating parties
   214.    Consultation with participating parties
   215.    Application to Real Property Act land
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 4A
           SCHEDULE 5
           SCHEDULE 6
           Schedule 7 (Repealed)
           SCHEDULE 8
           SCHEDULE 8A
           SCHEDULE 8B
           SCHEDULE 9

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