Queensland Consolidated Acts

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PROPERTY LAW ACT 1974 - SECT 49

Implied covenants may be negatived

49 Implied covenants may be negatived

(1) Subject to this Act, a covenant, power or other provision implied under this or any other Act shall have the same force and effect, and may be enforced in the same manner, as if it had been set out at length in the instrument in which it is implied.
(2) Any such covenant or power may, unless otherwise provided in this or such other Act, be negatived, varied, or extended by—
(a) an express declaration in the instrument in which it is implied; or
(b) another instrument.
(3) Any such covenant or power so varied or extended shall, so far as may be, operate in the like manner and with all the like incidents, effects and consequences as if such variations or extensions were implied under the Act .



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