Western Australian Current Acts

PROPERTY LAW ACT 1969 - SECT 76

76 .         Apportionment of conditions on severance

        (1)         Notwithstanding —

            (a)         the severance by conveyance, surrender or otherwise of the reversionary estate in any land comprised in a lease; and

            (b)         the avoidance or cesser in any other manner of the term granted by a lease as to part only of the land comprised therein,

                every condition or right of re-entry, and every other condition contained in the lease, shall be apportioned, and shall remain annexed to the severed parts of the reversionary estate as severed, and shall be in force with respect to the term whereon each several part is reversionary, or the term in the part of the land as to which the term has not been surrendered, or has not been avoided or has not otherwise ceased, in like manner as if the land comprised in each severed part, or the land as to which the term remains subsisting, as the case may be, had alone originally been comprised in the lease.

        (2)         In this section right of re-entry includes a right to determine the lease by notice to quit or otherwise; but where the notice is served by a person entitled to a severed part of the reversion so that it extends to part only of the land demised, the lessee may within one month determine the lease in regard to the rest of the land by giving to the owner of the reversionary estate therein a counter notice expiring at the same time as the original notice.