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PROPERTY LAW ACT 1974 - SECT 346
Restriction on constructive notice
346 Restriction on constructive notice
(1) A purchaser shall not be prejudicially affected by notice of any
instrument, fact, or thing, unless— (a) it is within the purchaser’s own
knowledge, or would have come to the purchaser’s knowledge, if such searches
as to instruments registered or deposited under any Act, inquiries, and
inspections had been made as ought reasonably to have been made by the
purchaser; or
(b) in the same transaction with respect to which a question of
notice to the purchaser arises, it has come to the knowledge of the
purchaser’s counsel as such, or of the purchaser’s solicitor or other
agent as such, or would have come to the knowledge of the purchaser’s
solicitor or other agent as such, if such searches, inquiries, and inspections
had been made as ought reasonably to have been made by the solicitor or other
agent.
(2) This section shall not exempt a purchaser from any liability under
or any obligation to perform or observe any covenant, condition, provision, or
restriction contained in any instrument under which the purchaser’s title is
derived, mediately or immediately, and such liability or obligation may be
enforced in the same manner and to the same extent as if this section had not
been enacted.
(3) A purchaser shall not because of anything in this section
be affected by notice in any case where the purchaser would not have been so
affected if this section had not been enacted.
(4) This section applies to
purchases made either before or after the commencement of this Act, save that
where an action is pending at the commencement of this Act the rights of the
parties shall not be affected by this section.
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