Object or Purpose of this legislative Instrument:
To consolidate and reform the law relating to conveyancing, property (both real and personal) and contract (mortgage and leases).
Scope of this legislative Instrument:
The Act covers the following issues relating to real and personal property matters:
- interest in land
- ownership of land
- deeds and covenants
- sale of land
- instalment sales of land
- leases and tenancies
- incorporeal hereditaments
- mistakes (relating to property boundaries)
- rights of way
- equitable interests
- perpetuities and accumulations
- voidable dispositions
- property (de facto relationships).
The following Subordinate Legislation should be examined:
- Property Law Regulation 1993
An obligation defined in law. A business must comply with relevant services.
It is recommended that a legal practitioner be consulted regarding the application of this Act.
The provisions of this Act should be read in conjunction with the Land Titles Act 1994.
Compliance Mechanisms and Penalties:
Some breaches of the Act can attract a penalty. The Act provides for various matters in the civil jurisdiction to be determined by the courts.
Review or Appeal Mechanisms:
An appeal may be made against a judgement in accordance with the law and relevant court rules.
Department of Justice and Attorney-General
Strategic Policy, Legal and Executive Services
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