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CONVEYANCING ACT 1919 - SECT 54
Application of stated conditions to all sales
54 Application of stated conditions to all sales
(1) A purchaser of any property shall not require the production or any
abstract or copy of any deed, will, or other document dated or made before the
time prescribed by law or stipulated for commencement of the title, even
though the same creates a power subsequently exercised by an instrument
abstracted in the abstract furnished to the purchaser; nor shall the purchaser
require any information or make any requisition or inquiry with respect to any
such deed, will, or document, or the title prior to that time, notwithstanding
that any such deed, will, or other document or that prior title is recited
covenanted to be produced or noticed; and the purchaser shall assume unless
the contrary appears that the recitals contained in the abstracted instruments
of any deed, will, or other document forming part of that prior title are
correct, and give all the material contents of the deed, will, or other
document so recited and that every document so recited was duly executed by
all necessary parties and perfected if and as required by acknowledgment or
otherwise.
(2) Where land sold is held by lease (not including under-lease)
the purchaser shall assume unless the contrary appears that the lease was duly
granted; and on production of the receipt for the last payment due for rent
under the lease before the date of actual completion of the purchase the
purchaser shall assume unless the contrary appears that all the covenants and
provisions of the lease have been duly performed and observed up to the date
of actual completion of the purchase.
(3) Where land sold is held by
under-lease the purchaser shall assume unless the contrary appears that the
under-lease and every superior lease were duly granted; and on production of
the receipt for the last payment due for rent under the under-lease before the
date of actual completion of the purchase the purchaser shall assume unless
the contrary appears that all the covenants and provisions of the under-lease
have been duly performed and observed up to the date of actual completion of
the purchase, and further, that all rent due under every superior lease and
all the covenants and provisions of every superior lease have been paid and
duly performed and observed up to that date.
(4) On a sale of any property
the expenses of the production and inspection of all records, proceedings of
courts, deeds, wills, probates, letters of administration, and other documents
not in the vendor's possession, and the expenses of all journeys incidental to
such production or inspection, and the expenses of searching for, procuring,
making, verifying, and producing all certificates, declarations, evidences,
and information not in the vendor's possession, and all attested stamped
office or other copies or abstracts of or extracts from any documents
aforesaid not in the vendor's possession, if any such production, inspection,
journey, search, procuring, making, or verifying is required by a purchaser
either for verification of the abstract or for any other purpose shall be
borne by the purchaser who requires the same; and where the vendor retains
possession of any document the expenses of making any copy thereof attested or
unattested which a purchaser requires to be delivered to him or her shall be
borne by that purchaser.
(5) On a sale of any property in lots a purchaser of
two or more lots held wholly or partly under the same title shall not have a
right to more than one abstract of the common title except at the purchaser's
own expense.
(6) This section applies only to titles and purchasers on sales
properly so called notwithstanding any interpretation in this Act.
(7) This
section applies only if and as far as a contrary intention is not expressed in
the contract of sale, and shall have effect subject to the terms of the
contract, and to the provisions therein contained.
(8) This section applies
only to sales made after the commencement of this Act.
(9) Nothing in this
section shall be construed as binding a purchaser to complete his or her
purchase in any case where on a contract made independently of this section
and containing stipulations similar to the provisions of this section, or any
of them, specific performance of the contract would not be enforced against
the purchaser by the Court.
(10) Nothing in this or the last preceding
section shall preclude a purchaser from raising any objection to the vendor's
title before the time prescribed by law or stipulated for commencement of the
title.
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