South Australian Current Acts
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LAW OF PROPERTY ACT 1936
TABLE OF PROVISIONS
Long Title
PART 1--Preliminary
1. Short title
4. Repeal
5. Savings
6. Application of Act to land under Real Property Act 1886
7. Interpretation
PART 2--General rules affecting property
8. Lands lie in grant only
9. Use of word "grant unnecessary
10. Power to dispose of all rights and interests in land
11. Lis pendens to be registered
12. Tenant for life without impeachment of waste, not to commit equitable waste
13. No merger at law where none in equity
14. Suits for possession of land by mortgagors
15. Assignment of debts and choses in action
16. Stipulations not of the essence of a contract
17. Satisfied terms, whether created out of freehold or leasehold land, to cease
18. Vesting order consequential on judgment for sale or mortgage of land
19. Vesting order consequential on judgment for specific performance etc
20. Rights of pre-emption capable of release
21. Purchaser not to be concerned with the trusts of the proceeds of sale
22. Right of light not deemed to exist by reason only of enjoyment or presumption of lost grant
23. Gift not to be avoided by illegal stipulation attached thereto
24. Alien friends may hold real and personal property
24A. Certain contracts with infants for the repayment of loans to be valid
24B. Abolition of doctrine of interesse termini
24C. Body corporate may hold property as joint tenant
24D. Capacities of corporations
25. Contingent remainders protected against the premature failure of a preceding estate
PART 3--General rules affecting contracts, conveyances, and other instruments
26. Contracts for sale of land to be in writing
27. Discharge of incumbrances by the Court on sales or exchanges
28. Conveyances to be by deed
29. Instruments required to be in writing
30. Creation of interests in land by parol
31. Savings in regard to last two sections
32. Effect of possession of documents
33. Interests of persons in possession
34. Persons taking who are not parties and as to indentures
35. Conditions and certain covenants not implied
36. General words implied in conveyances
37. All estate clause implied
38. Partial release of security from rent-charge
39. Release of part of land affected from a judgment
40. Conveyances by a person to self etc
41. Execution and attestation of deeds
41AA. Execution and attestation of other instruments
41A. Easements without dominant land to be validly created
42. Covenants for title
PART 4--Mortgages
43. Realisation of equitable charges by the court
44. Sale of mortgaged property in action for redemption or foreclosure
45. Obligation to transfer instead of reconveying
46. Vesting order in place of conveyance by devisee of mortgagee
47. Powers incident to estate or interest of mortgagee
48. Regulation of exercise of power of sale
49. Conveyance on sale
50. Application of proceeds of sale
51. Provisions as to exercise of power of sale
52. Mortgagee's receipts, discharges etc
53. Appointment, powers, remuneration and duties of receiver
54. Effect of advance on joint account
55. Notice of trusts affecting mortgage debts
55A. Enforcement of rights against mortgagor
55B. Collateral covenants
56. Application to registered land
PART 5--Powers
57. Disclaimer etc of powers
57A. Validation of appointments where objects are excluded or take illusory shares
58. Execution of powers not testamentary
PART 6--Class closure, perpetuities and accumulations
Division 1--Preliminary
58A. Interpretation and jurisdiction
59. Application of Part
Division 2--Rules for class ascertainment
60. Class ascertainment
60A. Court's power to reverse statutory limitation on class membership
Division 3--Perpetuities and accumulations
61. Abolition of rules against perpetuities and excessive accumulations
62. Court may order vesting of interests
62A. Preservation of rule in Saunders v Vautier
PART 7--Apportionment
63. Definitions
64. Apportionment of rents in respect of time
65. When apportioned part payable or recoverable
66. Right of recovering apportioned parts
67. Policies of assurance
68. Contracting out
PART 8--Partition
69. Power to order partition or sale instead of partition
70. Sale on application of certain proportion of parties interested
71. As to purchase of share of party desiring sale
72. Notice to interested parties
73. Proceedings where service is dispensed with
74. Authority for parties interested to bid
75. Court to declare what parties are trustees of lands comprised in any suit, and as to the interests of persons unborn
76. Payment and application of moneys arising from settled land
77. Trustees may apply moneys in certain cases without application to court
78. Until money directed to be applied it is to be invested and dividends to be paid to parties entitled
79. Court may direct application of money in respect of leases or reversions as may appear just
80. Interpretation of settled land
81. Provision for case of successive sales in same auction
82. Request by infant or person under disability
83. Application for partition to include application for sale and distribution of the proceeds
84. Costs
PART 9--Voidable dispositions
86. Voluntary conveyances to defraud creditors
87. Voluntary disposition with intent to defraud voidable as against purchasers
88. Acquisitions of reversions at an under value
PART 10--Miscellaneous
89. Vesting order in lieu of conveyance
90. Vesting order in cases of mentally incapacitated or infant mortgagee
91. In what cases the heir, representative, or devisee of a person, who has contracted to sell land, shall be deemed a trustee
100. Assurance policy by spouses
108. Interpretation of terms
110. Invalidity of restraints upon anticipations
112. Regulations respecting notices
114. Power of Court to sell interest of Crown in real estate
115. Power to waive right of Crown in certain cases
116. Definition of intestacy
117. Restrictions on constructive notice
118. Lessor to have benefit of an informal insurance
119. Payment into court
120. Saving of certain rights of the Crown
SCHEDULE 1--Acts repealed
SCHEDULE 2--Implied covenants
Legislative history
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