Queensland Consolidated Acts

PROPERTY LAW ACT 1974 - SECT 237

237 Statutory commencements of title

(1) After the commencement of this Act 30 years shall be substituted for 60 years as the period of commencement of title which a purchaser of land may require, even though earlier title than 30 years may be required in cases similar to those in which earlier title than 60 years might immediately before the commencement of this Act be required.

(2) Under a contract to grant or assign a term of years, whether derived or to be derived out of freehold or leasehold land, the intended lessee or assign shall not be entitled to call for the title to the freehold.

(3) Under a contract to sell and assign a term of years derived out of a leasehold interest in land, the intended assign shall not have the right to call for the title to the leasehold reversion.

(4) On a contract to grant a lease for a term of years to be derived out of a leasehold interest, with a leasehold reversion, the intended lessee shall not have the right to call for the title to that reversion.

(5) Where, because of subsection (2) , (3) or (4) , an intending lessee or assign is not entitled to call for the title to the freehold or to a leasehold reversion, as the case may be, the intending lessee or assign shall not, where the contract is made after the commencement of this Act, be deemed to be affected with notice of any matter or thing of which, if the intending lessee or assign had contracted that such title should be furnished, the intended lessee or assign might have had notice.

(6) A purchaser shall not be deemed to be or ever to have been affected with notice of any matter or thing of which, if the purchaser had investigated the title or made enquires in regard to matters prior to the period of commencement of title fixed by this Act, or by any other statute, or by any rule of law, the purchaser might have had notice, unless the purchaser actually makes such investigation or enquires.

(7) Where a lease whether made before or after the commencement of this Act, is made under a power contained in a settlement, will, Act or other instrument, any preliminary contract for or relating to the lease shall not, for the purpose of the deduction of title to an intended assign, form part of the title, or evidence of the title, to the lease.

(8) This section applies to contracts for sale whether made before or after the commencement of this Act, and applies to contracts for exchange in like manner as to contracts for sale, save that it applies only to contracts for exchange made after such commencement.

(9) This section applies only if and so far as a contrary intention is not expressed in the contract.