Northern Territory Consolidated Acts

LAW OF PROPERTY ACT 2000

TABLE OF PROVISIONS

           Long Title

   PART 1--PRELIMINARY

   1.      Short title  
   2.      Commencement  
   3.      Act binds Crown  
   4.      Definitions  
   5.      Application of sections 9, 10, 11 and 62  

   PART 2--GENERAL RULES AFFECTING PROPERTY

   6.      Effect of repeal of Statute of Uses  
   7.      Lands lie in grant only  
   8.      Reservation of easements etc. in conveyances of land  
   9.      Conveyance of land to be in writing  
   10.     Instruments required to be in writing  
   11.     Creation of interests in land by parol  
   12.     Persons taking who are not parties  
   13.     Conveyances by a person to the person etc.  
   14.     Rights of spouses  
   15.     Presumption that parties are adults  
   16.     Merger  
   17.     Restrictions on operation of conditions of forfeiture  

   PART 3--FREEHOLD ESTATES

   18.     Freehold estates capable of creation  
   19.     Incidents of tenure on grant in fee simple  
   20.     Abolition of escheat  
   21.     Alienation in fee simple  
   22.     Abolition of estates tail  
   23.     Abolition of quasi-entails  
   24.     Liability of life tenant for voluntary waste  
   25.     Equitable waste  
   26.     Recovery of land on determination of a life or lives  
   27.     Penalty for holding over by life tenant  
   28.     Abolition of rule in Shelley's Case  
   29.     Words of limitation  

   PART 4--FUTURE INTERESTS

   30.     Creation of future interests in land  
   31.     Power to dispose of all rights and interests in land  
   32.     Restriction on executory limitations  

   PART 5--CONCURRENT INTERESTS: CO-OWNERSHIP AND PARTITION

           Division 1--General rules

   33.     Forms of co-ownership  
   34.     Power of bodies corporate to hold property as joint tenants  
   35.     Construction of dispositions of property to 2 or more persons together  
   36.     Tenants in common of equitable estate acquiring the legal estate  

           Division 2--Partitions, statutory trusts, sale and division

   37.     Interpretation  
   38.     Encumbrancee to consent to partition  
   39.     Purchaser no obligation under this Part  
   40.     Statutory trusts for sale or partition of property held in co-ownership  
   41.     Trustee on statutory trusts for sale or partition to consult persons interested  
   42.     Right of co-owners to bid at sale under statutory power of sale  
   43.     Sale or division of chattels  
   44.     Powers of Court  
   45.     Liability of co-owner to account  

   PART 6--DEEDS, COVENANTS, INSTRUMENTS AND CONTRACTS

           Division 1--Deeds and covenants

   46.     Description and form of deeds  
   47.     Formalities of deeds executed by natural persons  
   48.     Execution of instruments by or on behalf of corporations  
   49.     Delivery of deeds  
   50.     Construction of expressions used in deeds and other instruments  
   51.     Implied covenants may be negatived  
   52.     Covenants and agreements entered into by a person with himself or herself and another or others  
   53.     Receipt in instrument sufficient  
   54.     Receipt in instrument or endorsed evidence sufficient in favour of purchaser  

           Division 2--General rules affecting contracts

   55.     Effect of joint contracts and liabilities  
   56.     Contracts for the benefit of third parties  
   57.     Corporate contracts and transactions not under seal  
   58.     Guarantees to be in writing  
   59.     Provisions as to conclusiveness of certificates etc.  
   60.     Effect of Act or statutory instrument  
   61.     Insurance money from burnt building  

           Division 3--Sales of land

   62.     Contracts for sale etc. of land to be in writing  
   63.     Sales of land by auction  
   64.     Conditions of sale of land  
   65.     Provisions not of the essence of the contract  
   66.     Application of insurance money on completion of a sale or exchange  
   67.     Right to rescind on destruction of or damage to dwelling house  
   68.     Receipt in instrument or endorsed authority for payment  
   69.     Restriction on vendor's right to rescind on purchaser's objection  
   70.     Damages for breach of contract to sell land  
   71.     Rights of purchaser if vendor's title defective  
   72.     Applications to court by vendor and purchaser  
   72A.    Computer failure  

           Division 4--Instalment sales of land etc.

   73.     Application of Division  
   74.     Restriction on vendor's right to rescind  
   75.     Land not to be sold or mortgaged by vendor  
   76.     Right of purchaser to lodge caveat  
   77.     Right to require conveyance  
   78.     Deposit of title documents and conveyance  

   PART 7--MORTGAGES

           Division 1--General

   79.     Definitions  
   80.     Implied obligations in mortgages  
   81.     Amendment of mortgage  
   82.     Inspection and production of instruments  
   83.     Actions for possession by mortgagors  
   84.     Mortgagee of leasehold land coming into possession of rent and profits  
   85.     Tacking and further advances  
   86.     Powers incident to interest of mortgagee  
   87.     Powers incident to power of sale  
   88.     Application of sections 86 and 87  

           Division 2--Exercise of power of sale

   89.     Regulation of exercise of power of sale  
   89A.    Exercise of power of sale in relation to disclaimed properties  
   90.     Duty of mortgagee as to sale price  
   91.     Effect of conveyance on sale  
   92.     Protection of purchasers  
   93.     Application of proceeds of sale  
   94.     Provisions as to exercise of power of sale  
   95.     Mortgagee's receipts discharges etc.  
   96.     Appointment, powers, remuneration and duties of receiver  

           Division 3--Foreclosure

   97.     Exercise of mortgagee's right of foreclosure  
   98.     Sale by Registrar-General  
   99.     Order for foreclosure  
   100.    Effect of order for foreclosure  
   101.    Co-existing rights of mortgagee under prior mortgage  
   102.    Application of Division  

           Division 4--Miscellaneous

   103.    Effect of advance on joint account  
   104.    Obligation to transfer instead of discharging mortgage  
   105.    Relief against provision for acceleration of payment  
   106.    Mortgagee accepting interest on overdue mortgage not to call up without notice  
   107.    Interest of mortgagor not seizable on judgment for mortgage debt  
   108.    Abolition of consolidation of mortgages  
   109.    Sale of mortgaged property in proceedings for redemption or foreclosure  
   110.    Realisation of equitable charges by the Court  
   111.    Payment of mortgage money to Public Trustee in case of absent or unknown mortgagees  
   112.    Discharge of mortgage by Public Trustee  
   113.    Subsequent mortgagees may redeem prior mortgages etc.  

   PART 8--LEASES AND TENANCIES

           Division 1--Application

   114.    This Part applies subject to Housing Act 1982 , Business Tenancies (Fair Dealings) Act 2003 and Residential Tenancies Act 1999  

           Division 2--Rights, powers and obligations

   115.    Abolition of interesse termini as to reversionary leases and leases for lives  
   116.    Voluntary waste  
   117.    Obligations of lessee  
   118.    Obligations in short leases  
   119.    Powers of lessor  
   120.    Short forms of covenants and obligations of lessees  
   121.    Cases in which statutory obligations or powers not implied  
   122.    Lessee to give notice of ejectment to lessor  
   123.    Provisions as to covenants to repair  
   124.    No seizures of goods to recover unpaid rent  
   125.    Abolition of replevin and distress for rent  

           Division 3--Surrenders, assignments and waiver

   126.    Head leases may be renewed without surrendering under-leases  
   127.    Provision as to attornments as to tenants  
   128.    When reversion on lease is surrendered etc. next estate is to be taken to be reversion  
   129.    Apportionment of conditions on severance  
   130.    Rent and benefit of lessee's covenants to run with reversion  
   131.    Obligation of lessor's covenants to run with reversion  
   132.    Waiver of covenant etc. in a lease  
   133.    Effect of licences granted to lessee  
   134.    Provisions as to covenants not to assign etc. without licence or consent  
   135.    Involuntary assignment no breach of covenant  

           Division 4--Relief from forfeiture

   136.    Application and interpretation  
   137.    Restriction on forfeiture  
   138.    Relief against forfeiture  
   139.    Power of Court to protect under-lessee on forfeiture of superior leases  
   140.    Costs and expenses  
   141.    Relief against notice to effect decorative repairs  
   142.    Right to exercise option in lease if in lawful possession  
   143.    Relief against loss of lessee's option  

           Division 5--Termination of tenancies

   144.    Abolition of yearly tenancies arising by implication of law  
   145.    Notice of termination of tenancy  
   146.    Form and contents of notice  
   147.    Manner of giving notice  
   148.    Notice to terminate weekly tenancy  
   149.    Notice to terminate monthly tenancy  
   150.    Notice to terminate yearly tenancy  
   151.    Notice to terminate other tenancies  

           Division 6--Holding over leased premises

   152.    Tenants etc. holding over to pay double market rent  

   PART 9--INCORPOREAL HEREDITAMENTS AND APPURTENANT RIGHTS

           Division 1--Application

   153.    Saving of existing law  

           Division 2--Easements

   154.    Definitions  
   155.    Easement in gross  
   156.    Manner of granting easements and easements in gross  
   157.    Description of certain easements etc.  
   158.    Benefit of easements and easements in gross  
   159.    Burden of easements and easements in gross  
   160.    Powers of others in relation to easements in gross  
   161.    Conditions of easements  
   162.    Right to support of land and building  

           Division 3--Statutory rights of user

   163.    Definitions and application  
   164.    Imposition of statutory right of user in respect of land  
   165.    Modification or extinguishment of statutory right of user  
   166.    Powers of Court  

           Division 4--Covenants

   167.    Definitions  
   168.    Covenants in gross  
   169.    Manner of creating covenants and covenants in gross  
   170.    Benefit of covenants and covenants in gross  
   171.    Burden of covenants and covenants in gross  
   172.    Intention of original parties to prevail  
   173.    Liability for non-compliance with covenant  
   174.    Extinguishment of covenants by fluxion of time  
   175.    Declaration as to nature etc. of covenant  

           Division 5--Modification and extinguishment

   176.    Definitions  
   177.    Modification or extinguishment of easements and covenants  
   178.    Notice of application  
   179.    Effect of order  
   180.    Application may be made in other proceedings  
   181.    Powers of Court  

   PART 10--THINGS IN ACTION

   182.    Assignment of thing in action  

   PART 11--PERPETUITIES

   183.    Interpretation  
   184.    Application  
   185.    Settlements by Crown not bound  
   186.    Powers of appointment  
   187.    Perpetuity period  
   188.    Unborn spouse  
   189.    Presumptions and evidence as to future parenthood  
   190.    Wait-and-see  
   191.    Reduction of age and exclusion of class members  
   192.    Order of application of remedial provisions  
   193.    Administrative powers of trustees  
   194.    Remuneration of trustees  
   195.    Superannuation and other funds  
   196.    Determinable interests  
   197.    Options  
   198.    Trusts for purposes that are not charitable  
   199.    Dependent interests  
   200.    Mitigation of rule of remorseless construction  
   201.    Abolition of double possibility rule  
   202.     Accumulation of income  

   PART 12--POWERS OF APPOINTMENT

   203.    Application of Part  
   204.    Mode of exercise of powers  
   205.    Validation of appointments if objects are excluded or take illusory shares  
   206.    Protection of purchasers claiming under certain void appointments  
   207.    Disclaimer etc. of powers  

   PART 13--VOIDABLE DISPOSITIONS

   208.    Voluntary conveyances to defraud creditors voidable  
   209.    Voluntary disposition of land voidable at instance of purchaser  
   210.    Acquisitions of reversions at under value  

   PART 14--APPORTIONMENT

   211.    Definitions  
   212.    Rents etc. apportionable in respect of time  
   213.    Exceptions and application  

   PART 15--PRESUMPTIONS OF DEATH AND SURVIVORSHIP

   214.    Application  
   215.    Presumption of death  
   216.    Devolution of property in cases where order of death uncertain  
   217.    Presumption of survivorship  
   218.    Nothing in this Part prevents making of Re Benjamin orders  

   PART 16--MISCELLANEOUS

   219.    Service of notices  
   220.    Regulations  

   PART 17--REPEALS AND TRANSITIONAL MATTERS

           Division 1--Repeals

   221.    Repeal  

           Division 2--Transitional matters for Land Legislation Amendment Act 2023

   222.    Definition  
   223.    Application of section 89A  
   224.    Application of proceeds of sales that took place before commencement  
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           ENDNOTES