Queensland Consolidated Acts

PROPERTY LAW ACT 1974 - SECT 116

116 Apportionment of conditions on severance

(1) Despite the severance by conveyance, surrender, or otherwise of the reversionary estate in any land comprised in a lease, and despite the avoidance or cesser in any other manner of the term granted by a lease as to part only of the land comprised in the lease, every condition or right of re-entry, and every other condition contained in the lease, shall be apportioned, and shall remain annexed to the severed parts of the reversionary estate as severed, and shall be in force with respect to the term on which each severed part is reversionary, or the term in the part of the land as to which the term has not been surrendered, or has not been avoided or has not otherwise ceased, in like manner as if the land comprised in each severed part, or the land as to which the term remains subsisting, as the case may be, had alone originally been comprised in the lease.

(2) In this section—

"right of re-entry" includes a right to determine the lease by notice to quit or otherwise, but where the notice is served by a person entitled to a severed part of the reversion so that it extends to part only of the land demised, the lessee may within 1 month determine the lease in regard to the rest of the land by giving to the owner of the reversionary estate in it a counter notice expiring at the same time as the original notice.

(3) This section applies to—

(a) leases made after the commencement of this Act; and

(b) leases made before the commencement of this Act where the reversionary estate in the lands comprised in the lease is severed or there is an avoidance or cesser of the term as mentioned in this section after the commencement of this Act.