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CONVEYANCING ACT 1919 - SECT 164
Restriction on constructive notice
164 Restriction on constructive notice
(1) A purchaser shall not be prejudicially affected by notice of any
instrument, fact, or thing, unless-- (a) it is within the purchaser's own
knowledge, or would have come to the purchaser's knowledge, if such searches
as to instruments registered or deposited under any Act of Parliament,
inquiries, and inspections had been made as ought reasonably to have been made
by the purchaser, or
(b) in the same transaction with respect to which a
question of notice to the purchaser arises, it has come to the knowledge of
the purchaser's counsel as such, or of the purchaser's solicitor or other
agent as such, or would have to come to the knowledge of the purchaser's
solicitor or other agent as such, if such searches, inquiries, and inspections
had been made as ought reasonably to have been made by the solicitor or other
agent.
(1A) Omission to search in any register or list kept by, or filed
with, the Australian Securities and Investments Commission, whether within New
South Wales or elsewhere, shall not of itself affect a purchaser of land with
notice of any mortgage or charge.
(2) This section shall not exempt a
purchaser from any liability under or any obligation to perform or observe any
covenant, condition, provision, or restriction contained in any instrument
under which the purchaser's title is derived, mediately or immediately, and
such liability or obligation may be enforced in the same manner and to the
same extent as if this section had not been enacted.
(3) A purchaser shall
not by reason of anything in this section be affected by notice in any case
where the purchaser would not have been so affected if this section had not
been enacted.
(4) This section applies to purchases made either before or
after the commencement of this Act, save that where an action is pending at
the commencement of this Act the rights of the parties shall not be affected
by this section.
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