South Australian Current Acts

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           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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