Victorian Current Acts

SETTLED LAND ACT 1958 - SECT 34

Where settled land is or has been expressed to be disposed of under a compound settlement of which trustees were appointed by the Court, and the capital money (if any) arising on the disposition is or was paid to the persons who by virtue of the order or any subsequent appointment appear to be or to have been the trustees of that settlement, and where the person by or on whose behalf the disposition is or was made is or was the tenant for life or statutory owner of the land disposed of under an instrument mentioned in the order as constituting part of such compound settlement (in this section called the principal instrument ) then the title of the person to whom the disposition is made shall not be impeachable on the ground—

        (a)     that the instruments mentioned in the order did not constitute a compound settlement; or

        (b)     that those instruments were not all the instruments at the date of the order or of the disposition constituting the compound settlement of the land disposed of; or

        (c)     that any of the instruments mentioned in the order did not form part of the settlement of the land disposed of, or had ceased to form part of the settlement at the date of the disposition—

but nothing in this section shall prejudice the rights of any person in respect of any estate, interest or charge under any instrument existing at the date of the order and not mentioned therein which would not have been overreached if the disposition had been made by or on behalf of the tenant for life or statutory owner under the principal instrument as such, and there had been trustees of that instrument for the purposes of the Settled Land Act 1928 or any corresponding previous enactment or this Act and the capital money (if any) arising on the disposition had been paid to the trustees.

No. 3771 s. 35.