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PROPERTY LAW ACT 1974 - SECT 217
Restrictions on the perpetuity rule
217 Restrictions on the perpetuity rule
(1) For removing doubts, it is declared that the rule of law relating to
perpetuities does not apply and shall be deemed never to have applied— (a)
to any power to distrain on or to take possession of land or the income of the
land given by way of indemnity against a rent, whether charged upon or payable
in respect of any part of that land or not; or
(b) to any rent charge created
only as an indemnity against another rent charge, although the indemnity rent
charge may arise or become payable only on breach of a condition or
stipulation; or
(c) to any power, whether exercisable on breach of a
condition or stipulation or not, to retain or withhold payment of any
instalment of a rent charge as an indemnity against another rent charge; or
(d) to any grant, exception or reservation of and right of entry on, or user
of, the surface of land or of any easements, rights or privileges over or
under land for the purpose of— (i) winning, working, inspecting, measuring,
converting, manufacturing, carrying away and disposing of mines and minerals;
and
(ii) inspecting, grubbing up, felling and carrying away timber and other
trees, and the tops and lops of them; and
(iii) executing repairs,
alterations or additions to any adjoining land, or the buildings and erections
on the land; and
(iv) constructing, laying down, altering, repairing,
renewing, cleansing and maintaining sewers, watercourses, cesspools, gutters,
drains, water pipes, gas pipes, electric wires or cables or other like works.
(2) This section applies to instruments coming into operation before or after
the commencement of this Act.
(3) In this section—
"instrument" includes a statute creating a settlement.
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