Victorian Current Acts

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SETTLED LAND ACT 1958 - SECT 88

Obligation on tenant for life and successors to maintain, insure etc.

    (1)     The tenant for life, and each of his successors in title having under the settlement a limited estate or interest only in the settled land, shall, during such period (if any) as the Court by order in any case prescribes, maintain and repair, at his own expense, every improvement executed under the foregoing provisions of this Act or any corresponding previous enactment, and where a building or work in its nature insurable against damage by fire is comprised in the improvement, shall at his own expense insure and keep insured the improvement in such amount (if any) as the Court by order in any case prescribes.

    (2)     The tenant for life, or any of his successors as aforesaid, shall not cut down or knowingly permit to be cut down, except in proper thinning, any trees planted as an improvement under the foregoing provisions of this Act, or under any corresponding previous enactment.

    (3)     The tenant for life, and each of his successors as aforesaid, shall from time to time, if required by the trustees of the settlement on or without the suggestion of any person having under the settlement any estate or interest in the settled land in possession, remainder or otherwise, report to the trustees the state of every improvement executed under this Act or under any corresponding previous enactment and the fact and particulars of fire insurance (if any).

    (4)     The Court may vary any order made by the Court under this section in such manner or to such extent as circumstances appear to require, but not so as to increase the liabilities of the tenant for life, or any of his successors as aforesaid.

    (5)     If the tenant for life, or any of his successors as aforesaid, fails in any respect to comply with the requisitions of this section, or does any act in contravention thereof, any person having, under the settlement, any estate or interest in the settled land in possession remainder or reversion, shall have a right of action, in respect of that default or act, against the tenant for life; and the estate of the tenant for life, after his death, shall be liable to make good to the persons entitled under the settlement any damages occasioned by that default or act.

    (6)     Where in connexion with any improvement an improvement security as defined in paragraph (l) of subsection (1) of section seventy-three has been given and that security has been redeemed out of capital money this section shall apply to the improvement as if it had been an improvement executed under this Act.


No. 3771 s. 89.



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