New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]


Obligation to show title etc

53 Obligation to show title etc

In the completion of any contract made after the commencement of the Conveyancing (Amendment) Act 1930 for the purchase of land and subject to any stipulation to the contrary in the contract--

(1) Thirty years shall be substituted as the period of commencement of title which a purchaser may require in place of forty years, the present period of such commencement; nevertheless earlier title than thirty years may be required in cases similar to those in which earlier title than forty years might before the commencement of such Act have been required, and
(2) The obligations and rights of vendor and purchaser shall be regulated as follows--
(a) Recitals, statements, and descriptions of facts, matters, and parties contained in instruments or statutory declarations twenty years old at the date of the contract shall, unless and except so far as they are proved to be inaccurate, be taken to be sufficient evidence of the truth of such facts, matters, and descriptions; but no recital shall affect the period of commencement of title under the last preceding subsection.
(b) The inability of the vendor to furnish the purchaser with a legal covenant to produce and furnish copies of documents of title shall not be an objection to title where the purchaser will, on the completion of the contract, have an equitable right to the production of such document.
(c) Such covenant for production as the purchaser can and does require and the vendor is able to procure shall be furnished at the purchaser's expense, but the vendor shall bear the expense of perusal and execution on behalf of and by himself or herself.
(d) Where the vendor retains any part of an estate to which any documents of title relate the vendor shall be entitled to retain such documents.
(e) Where the vendor does not retain any part of an estate to which any documents of title relate and such documents are the subject of any covenant to produce or of any right in any person to their production, the vendor shall deposit such documents with the Registrar-General pursuant to section 64, and as soon after completion as reasonably possible furnish the purchaser with an attested copy of the receipt therefor, and it shall be the duty of the purchaser's solicitor or licensed conveyancer to require an undertaking by the vendor or the vendor's solicitor or licensed conveyancer so to furnish the same.
This paragraph shall, in relation to contracts made after the commencement of the Conveyancing (Amendment) Act 1930 , have effect notwithstanding any stipulation to the contrary.
(3) A purchaser shall not be deemed to be or ever to have been affected with notice of any matter or thing of which, if he or she had investigated the title or made inquiries in regard to matters prior to the period of commencement of title fixed by this or any other Act, or by any rule of law, he or she might have had notice, unless he or she actually makes such investigation or inquiries.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback