{"id":"law-of-property-act-2000","name":"Law of Property Act 2000","slug":"law-of-property-act-2000","collection":"act","jurisdiction":"nt","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":30167,"registerId":"nt-law-of-property-act-2000-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"1 Short title\nThis Act may be cited as the Law of Property Act 2000.\n","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"2 Commencement\nThis Act comes into operation on the date fixed by the Administrator\nby notice in the Gazette.\n","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Act binds Crown","content":"3 Act binds Crown\nUnless the contrary intention appears, this Act binds the Crown not\nonly in right of the Territory but, to the extent that the legislative\npower of the Legislative Assembly permits, in all its other\ncapacities.\n","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Definitions","content":"4 Definitions\nIn this Act, unless the contrary intention appears:\nadult means a person who is aged 18 years or more.\nappropriate form has the same meaning as in section 4 of the\napproved form means a form approved by the Minister.\nbankruptcy includes any act or proceeding in law having under an\nAct or an Act of the Commonwealth effects or results similar to\nthose of bankruptcy, and includes the winding-up of an insolvent\ncompany.\ncertificate as to title has the same meaning as in section 4 of the\n\nLaw of Property Act 2000 2\nconveyance includes a transfer of an interest in land and an\nassignment, appointment, lease, settlement and any other\nassurance of property by instrument except a will.\nconveyancing agent has the same meaning as in section 5 of the\nAgents Licensing Act 1979.\nCourt means the Supreme Court.\ndeed includes any instrument having under a law in force in the\nTerritory the effect of a deed.\ndisposition includes a conveyance, vesting instrument, declaration\nof trust, disclaimer, release and a release, devise, bequest or\nappointment of property contained in a will.\neasement means an easement or easement in gross within the\nmeaning of Division 2 of Part 9.\nencumbrance includes a mortgage in fee or for a lesser interest, a\ntrust for securing money, a lien and a charge of a portion, annuity or\nother capital or annual sum.\nencumbrancee has a meaning corresponding with that of\nencumbrance and includes every person entitled to the benefit of\nan encumbrance or to require payment to or satisfaction of an\nencumbrancee.\nfine includes a premium, foregift and a payment, consideration or\nbenefit in the nature of a fine, premium or foregift.\nImperial Act means a statute of England in force in the realm of\nEngland on or immediately before 28 December 1836.\nincome, in relation to land, includes rents and profits.\ninstrument includes a deed, will and Act.\ninterest includes an estate in land and a right.\nland includes an interest in land.\nland register has the same meaning as in section 4 of the Land\nTitle Act 2000.\nLand Titles Office has the same meaning as in section 4 of the\nLaw Society means the Law Society Northern Territory as\nestablished by section 635 of the Legal Profession Act 2006.\n\nLaw of Property Act 2000 3\nlocal government body has the same meaning as in section 4 of\nthe Land Title Act 2000.\nminor means a person who is aged less than 18 years.\nmortgage includes:\n(a) a charge on property for securing:\n(i) a debt; or\n(ii) the payment of an annuity, rent charge or sum of money\nin favour of a person; and\n(b) a statutory charge or an overriding statutory charge.\nmortgagee includes a person deriving title to a mortgage under or\nthrough the original mortgagee.\nmortgagee in possession means a mortgagee who in right of a\nmortgage has entered into and is in possession of the mortgaged\nmortgage money means money or money's worth secured by a\nmortgagor includes a person who:\n(a) derives title to the equity of redemption under or through the\noriginal mortgagor; or\n(b) is entitled to redeem a mortgage,\naccording to the mortgagor's interest in the mortgaged property.\nnotice includes constructive notice.\norder includes a judgment and decree of a court.\noverriding statutory charge has the same meaning as in\nsection 4 of the Land Title Act 2000.\npossession, in relation to land, includes the receipt of income from\nproperty includes an interest in real or personal property and a\nthing in action.\nprescribed means prescribed by the Minister by notice in the\nGazette.\n\nLaw of Property Act 2000 4\nPublic Trustee means the Public Trustee for the Northern Territory\nappointed under the Public Trustee Act 1979.\npurchaser means a purchaser for valuable consideration and\nincludes a lessee, mortgagee, or other person who for valuable\nconsideration acquires an interest in property.\nregistered means registered under the Land Title Act 2000.\nregistration means registration under the Land Title Act 2000.\nrent includes a yearly or other rent, toll, duty and royalty and any\nother reservation of rent by the acre, hectare, the ton, tonne or\notherwise.\nsale means the exchange of property for money.\nsecurities include stocks, funds and shares.\nshort lease has the same meaning as in section 4 of the Land Title\nAct 2000.\nstatutory charge has the same meaning as in section 4 of the\ntrustee company has the same meaning as in the Companies\n(Trustees and Personal Representatives) Act 1981.\nunregistered land means land that is not registered.\nvaluable consideration includes marriage.\n","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Application of sections 9, 10, 11 and 62","content":"5 Application of sections 9, 10, 11 and 62\nNothing in section 9, 10, 11 or 62:\n(a) has the affect of invalidating a disposition by will;\n(b) affects an interest validly created before the commencement\n(c) affects the law relating to part performance; or\n(d) affects a sale by order of the Court.\n\nLaw of Property Act 2000 5\n","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Effect of repeal of Statute of Uses","content":"6 Effect of repeal of Statute of Uses\n(1) Subject to subsection (2), on the commencement of this Act an\nequitable interest in land is only capable of being validly created if\nan equivalent equitable interest in real or personal property could\nhave been validly created before the commencement.\n(2) An interest in land that could, under the Statute of Uses, have been\ncreated as a legal interest is, on the commencement of this Act,\ncapable of being created as an equitable interest only.\n(3) If a voluntary conveyance is executed after the commencement of\nthis Act, a resulting trust for the grantor is not to be implied only\nbecause the property is not expressed to be conveyed for the use\nor benefit of the grantee.\n","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Lands lie in grant only","content":"7 Lands lie in grant only\n(1) All land and all interests in land lie in grant and are not capable of\nbeing conveyed by:\n(a) livery of seisin;\n(b) feoffment;\n(c) bargain and sale; or\n(d) lease and release.\n(2) A conveyance of an interest in land may operate to pass the\npossession or the right of possession of an interest in land without\nactual entry but subject to all prior rights to the land.\n(3) The use of the word grant is not necessary to convey land or to\ncreate an interest in land.\n","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Reservation of easements etc. in conveyances of land","content":"8 Reservation of easements etc. in conveyances of land\n(1) In a conveyance of land, a reservation of an easement, right, liberty\nor privilege not exceeding in duration the estate conveyed in the\nland operates, without an execution of the conveyance or a re-grant\nby the grantee of the land out of which the reservation is made, to:\n(a) create the easement, right, liberty or privilege; and\n(b) vest the easement, right, liberty or privilege in possession in\nthe person for whose benefit the reservation was made\n(whether or not the person is the grantor).\n\nLaw of Property Act 2000 6\n(2) Subsection (1) applies only to reservations made after the\n","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Conveyance of land to be in writing","content":"9 Conveyance of land to be in writing\n(1) No conveyance of land is valid to pass an interest at law unless\nmade by deed or in writing signed by the person making the\nconveyance.\n(2) Subsection (1) does not apply to:\n(a) a disclaimer made under a law relating to bankruptcy, whether\nin force before or after the commencement of this Act, or a\ndisclaimer not required to be evidenced in writing;\n(b) a surrender by operation of law, including a surrender which\nmay be lawfully effective without writing;\n(c) a lease or tenancy or other conveyance not required by law to\nbe made in writing;\n(d) a vesting order; or\n(e) a conveyance taking effect under an Act or an Act of the\nCommonwealth.\n","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Instruments required to be in writing","content":"10 Instruments required to be in writing\n(1) Subject to this Act:\n(a) no interest in land can be created or disposed of except:\n(i) by writing signed by the person creating or conveying\nthe interest or by the person's agent lawfully authorised\nin writing;\n(ii) by will; or\n(iii) by operation of law;\n(b) a declaration of trust in respect of land must be manifested\nand proved:\n(i) by some writing signed by a person who is able to\ndeclare the trust; or\n(ii) by will; and\n\nLaw of Property Act 2000 7\n(c) a disposition of an equitable interest or trust subsisting at the\ntime of the disposition, must be manifested and proved:\n(i) by some writing signed by the person disposing of the\ninterest or trust or by the person's agent lawfully\nauthorised in writing; or\n(ii) by will.\n(2) Subsection (1) does not affect the creation or operation of resulting,\nimplied or constructive trusts.\n","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Creation of interests in land by parol","content":"11 Creation of interests in land by parol\n(1) Subject to the Residential Tenancies Act 1999, an interest in land\ncreated by parol and neither put in writing nor signed by the person\ncreating the interest, or by the person's agent lawfully authorised in\nwriting, is to have, whether or not consideration has been given for\nthe interest, the force and effect of an interest at will only.\n(2) Nothing in this Act affects the creation by parol of a lease taking\neffect in possession for a term not exceeding 3 years (including any\nterm of renewal of the lease by the exercise of a right of renewal\nunder the lease which together with the term would not exceed\n3 years).\n","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Persons taking who are not parties","content":"12 Persons taking who are not parties\n(1) In respect of a conveyance or other instrument executed after the\ncommencement of this Act, a person may take:\n(a) an immediate or other interest in land; or\n(b) the benefit of any condition, right of entry, covenant or\nagreement over or in respect of land,\neven though the person may not have executed the conveyance or\nother instrument, may not be named as a party to the conveyance\nor other instrument or may not have been identified or in existence\nat the date of execution of the conveyance or other instrument.\n(2) A person referred to in subsection (1) may sue, and is entitled to all\nrights and remedies in respect of the conveyance or other\ninstrument, as if the person had been named as a party to and had\nexecuted the conveyance or other instrument.\n","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Conveyances by a person to the person etc.","content":"13 Conveyances by a person to the person etc.\n(1) In conveyances and leases made after 28 December 1836,\npersonal property, including chattels real, may be conveyed or\n\nLaw of Property Act 2000 8\nleased by a person to the person jointly with another person by the\nsame means by which the property might be conveyed or leased by\nthe person to another person.\n(2) In conveyances or leases made after the commencement of this\nAct, freehold land or a thing in action may be conveyed or leased\nby a person to:\n(a) the person jointly with another person; and\n(b) to the person's spouse alone or jointly with another person,\nby the same means by which the land or thing in action might be\nconveyed or leased by the person to another person.\n(3) On the commencement of this Act a person may convey or lease\nland to, or vest land in, the person except for an estate in fee simple\nabsolute in the land.\n(4) If property is vested in two or more persons jointly (including as\ntrustees or personal representatives) the persons may convey or\nlease, and are to be taken to have always been capable of\nconveying or leasing, the property to any one or more of\nthemselves by the same means as if they were conveying or\nleasing the property to a third party.\n(5) If a person in whose favour a conveyance or lease is made is,\nbecause of a fiduciary relationship or otherwise, precluded from\nvalidly carrying out the transaction, the conveyance or lease is\nliable to be set aside.\n","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Rights of spouses","content":"14 Rights of spouses\nTwo persons who are married to each other are to be treated as 2\npersons for the purposes of an acquisition of an interest in property.\n","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Presumption that parties are adults","content":"15 Presumption that parties are adults\nThe persons expressed to be parties to a conveyance are, until the\ncontrary is proved, to be presumed at the date of the conveyance to\nbe adults or to have attained the other lesser age at which the\nparties have capacity to give effect to the conveyance.\n","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Merger","content":"16 Merger\nIf the beneficial interest in an estate would not be taken to be\nmerged or extinguished in equity, the estate is not to merge by\noperation of law only.\n\nLaw of Property Act 2000 9\n","sortOrder":15},{"sectionNumber":"17","sectionType":"section","heading":"Restrictions on operation of conditions of forfeiture","content":"17 Restrictions on operation of conditions of forfeiture\n(1) If a person is entitled to income (including an annuity or other\nperiodical income) or any other property subject to a condition of\nforfeiture on alienation, whether voluntary or involuntary and\nwhether with or without words of futurity:\n(a) unless the instrument containing the condition expressly\nprovides to the contrary – no alienation (whether by way of\ncharge or otherwise) of the income or other property made or\noccurring before the person becomes entitled to receive\npayment of the income or to call for a conveyance or delivery\nof the other property is to operate to create forfeiture under the\ncondition unless the alienation is in operation at the time the\nperson becomes entitled to the income or property; and\n(b) despite any provision to the contrary in the instrument\ncontaining the condition – no voluntary alienation made by the\nperson in accordance with an order of the Court authorising\nthe alienation is to operate to create forfeiture under the\ncondition.\n(2) Subsection (1) applies whether the condition of forfeiture is\ncontained in an instrument executed, made or coming into\noperation before or after the commencement of this Act, but only if:\n(a) the person becomes entitled to receive payment of the income\nor to call for a conveyance or delivery of the other property; or\n(b) the income or other property is alienated,\nafter that commencement.\n","sortOrder":16},{"sectionNumber":"18","sectionType":"section","heading":"Freehold estates capable of creation","content":"18 Freehold estates capable of creation\nOn the commencement of this Act, the following estates of freehold\nare capable of being created and, subject to this Act, of subsisting\nin land:\n(a) an estate in fee simple;\n(b) an estate for life or lives.\n\nLaw of Property Act 2000 10\n","sortOrder":17},{"sectionNumber":"19","sectionType":"section","heading":"Incidents of tenure on grant in fee simple","content":"19 Incidents of tenure on grant in fee simple\n(1) On the commencement of this Act, any tenure created by the\nCrown on granting an estate in fee simple is to be taken to be in\nfree and common socage without any incident of tenure for the\nbenefit of the Crown.\n(2) If any quit rent issues to the Crown out of land, or the residue of any\nquit rent issues to the Crown out of land in respect of which quit\nrent has been apportioned or redeemed, the land or residue is\nreleased from quit rent.\n","sortOrder":18},{"sectionNumber":"20","sectionType":"section","heading":"Abolition of escheat","content":"20 Abolition of escheat\n(1) In respect of the property of a person dying intestate on or after\n8 February 1971:\n(a) escheat is abolished; and\n(b) all the property, whether real or personal, is, subject to this\nsection and the Administration and Probate Act 1969, to be\ndistributed in the manner and to the person or persons\nprovided by that Act.\n(2) Subject to the Corporations Act 2001, the property of a corporation\nthat is dissolved after the commencement of this Act is not to\nescheat, but the Crown is entitled to take as bona vacantia all the\nproperty, whether real or personal, that would, but for this Act, be\nliable to escheat or pass to the Crown as bona vacantia.\n(3) Despite this section, if the Crown, or it appears to the Minister that\nthe Crown, has a right to any property by escheat or devolution or\nas bona vacantia on the death intestate of a person (whether the\ndeath occurred before or after the commencement of this Act), the\nMinister, on application being made for the waiver of that right, may,\nif he or she considers it reasonable to do so, by notice in the\nGazette waive that right on the terms he or she thinks appropriate\n(which may include the payment of money) in favour of any of the\nfollowing persons, whether belonging to the same or a different\nclass:\n(a) dependants, whether kindred or not, of the intestate;\n(b) persons for whom the intestate might reasonably have been\nexpected to make provision;\n(c) persons to whom the Crown would, if the Crown's title had\nbeen proved by inquisition, have the power to grant the\nproperty;\n\nLaw of Property Act 2000 11\n(d) any other persons having, in the opinion of the Minister, a just\nclaim to the grant of the property;\n(e) trustees of persons referred to in paragraphs (a) to (d)\ninclusive.\n(4) Subject to subsection (8), on a right of the Crown being waived\nunder subsection (3), the right vests in the person or persons in\nfavour of whom the waiver is made.\n(5) For the purpose of giving effect to a waiver under subsection (3) the\nMinister may, by notice in the Gazette:\n(a) appoint a person the Minister considers suitable to be\nadministrator of the property of the person who has died\nintestate (the deceased);\n(b) appoint a person to execute a conveyance or other document\nfor the purpose of conveying, under the terms of the waiver,\nthe property the subject of the waiver to the person or persons\nin whose favour the waiver is made; or\n(c) specify the terms of the waiver and give the directions that the\nMinister considers necessary or desirable to give effect to the\nwaiver (which terms and directions are to be complied with).\n(6) The person appointed under subsection (5)(a) to be administrator\nmay apply to the Court for a grant of letters of administration of the\nproperty of the deceased, and the letters of administration may be\ngranted accordingly.\n(7) For the purposes of the grant of the letters of administration and the\nadministration under the grant, the property in respect of which the\nright of the Crown has been waived is to be taken to form part of\nthe estate of the deceased to be administered under the terms of\nthe waiver for the benefit of the person or persons in favour of\nwhom the waiver is made.\n(8) A waiver under subsection (3) is to have the effect of a grant of the\nland or other property that is the subject of the waiver to the\nadministrator appointed under this section or, if no administrator is\nappointed, to the person or persons in favour of whom the waiver is\nmade.\n(9) This section is subject to Schedule 1 and all proceedings that may\nbe brought under that Schedule.\n(10) Despite this section and the Crown's right, because of the death\nintestate of a person before the commencement of this Act, to any\nproperty of the person by escheat or devolution or as bona\n\nLaw of Property Act 2000 12\nvacantia, the Public Trustee has and is to be taken to always have\nhad (in addition to the powers of the Public Trustee under\nsection 67A of the Public Trustee Act 1979) the same power:\n(a) to obtain from the Court or otherwise under the Administration\nand Probate Act 1969 authority to administer the estate of the\nperson; and\n(b) to deal in due course of administration with the estate of the\nperson,\nas the Public Trustee has in a case where the Crown has no right\nby escheat or devolution or as bona vacantia.\n(11) In this section, intestate has the same meaning as in Division 4 of\nPart III of the Administration and Probate Act 1969.\n","sortOrder":19},{"sectionNumber":"21","sectionType":"section","heading":"Alienation in fee simple","content":"21 Alienation in fee simple\nLand held of the Crown for an estate in fee simple may be\nconveyed in fee simple without licence and without fine, and the\nperson taking under the conveyance is to hold the land in the same\nmanner as the land was held before the conveyance took effect.\n","sortOrder":20},{"sectionNumber":"22","sectionType":"section","heading":"Abolition of estates tail","content":"22 Abolition of estates tail\n(1) A limitation in an instrument coming into operation after the\ncommencement of this Act that, but for this section, would create an\nestate tail (legal or equitable) in any land in favour of a person is to\nbe taken to create an estate in fee simple (legal or equitable, as the\ncase may be) in that land in favour of the person to the exclusion of:\n(a) all estates or other interests limited to take effect after the\ndetermination or in defeasance of the estate tail; and\n(b) all estates or other interests in reversion on the estate tail.\n(2) If, after the commencement of this Act, a person is entitled, or\nwould but for subsection (1) be entitled, to an estate tail (legal or\nequitable, and whether in possession, reversion, or remainder) in\nany land, the person is, subject to subsection (3), to be taken to be\nentitled to an estate in fee simple (legal or equitable, as the case\nmay be) in the land to the exclusion of:\n(a) all estates or other interests limited to take effect after the\ndetermination or in defeasance of the estate tail; and\n(b) all estates or other interests in reversion on the estate tail.\n\nLaw of Property Act 2000 13\n(3) If a person referred to in subsection (2) is a minor and the interest\nin the land would pass to another person in the event of the death\nof the minor before he or she attains the age of 18 and he or she is\nwithout issue, then the minor is to be taken to take an estate in fee\nsimple with an executory limitation over the interest on the\nhappening of that event in favour of the other person.\n(4) In this section, estate tail includes:\n(a) an estate in fee into which an estate tail is converted where\nthe issue in tail are barred but persons claiming estates by\nway of remainder or otherwise are not barred; and\n(b) an estate in fee voidable or determinable by the entry of the\nissue in tail,\nbut does not include the estate of a tenant in tail after possibility of\nissue extinct.\n(5) The Registrar-General may, on the lodgement of a request to him\nor her in the appropriate form, record the particulars in the land\nregister that he or she considers necessary to give effect to this\nsection.\n","sortOrder":21},{"sectionNumber":"23","sectionType":"section","heading":"Abolition of quasi-entails","content":"23 Abolition of quasi-entails\nA limitation in an instrument coming into operation after the\ncommencement of this Act that, but for this section, would create in\nfavour of a person a quasi-entail (legal or equitable) in respect of an\nestate for life or lives of another or others is to be taken to create in\nfavour of the person an estate (legal or equitable, as the case may\nbe) for the life or lives of the other or others.\n","sortOrder":22},{"sectionNumber":"24","sectionType":"section","heading":"Liability of life tenant for voluntary waste","content":"24 Liability of life tenant for voluntary waste\n(1) A tenant for life or lives must not commit voluntary waste.\n(2) Subsection (1) does not apply to an estate or tenancy without\nimpeachment of waste or affects a licence or other right to commit\nwaste.\n(3) A tenant who infringes subsection (1) is liable in damages to the\ntenant's person in remainder or reversioner, but this section\nimposes no criminal liability.\n","sortOrder":23},{"sectionNumber":"25","sectionType":"section","heading":"Equitable waste","content":"25 Equitable waste\nAn estate for life without impeachment of waste does not confer,\nand is not to be taken to have conferred, on the tenant for life any\nlegal right to commit waste of the description known as equitable\n\nLaw of Property Act 2000 14\nwaste, unless an intention to confer the right expressly appears in\nthe instrument creating the estate.\n","sortOrder":24},{"sectionNumber":"26","sectionType":"section","heading":"Recovery of land on determination of a life or lives","content":"26 Recovery of land on determination of a life or lives\n(1) A person having an interest in land determinable on a life or lives\nwho, after the determination of the life or lives and without the\nexpress consent of the person next immediately entitled on or after\nthe determination, holds over or continues in possession of the\ninterest in the land or of the income of the land is liable in damages\nor to an account for the income to the person entitled after the\ndetermination of the life or lives to the interest in the land or the\nrents, profits or income, as the case may be.\n(2) If a reversion, remainder or other interest in land is expectant on the\ndetermination of a life or lives, the reversioner, person in remainder\nor other person entitled to the reversion, remainder or interest may,\nin a proceeding claiming relief on the basis that a life or lives has or\nhave determined, adduce evidence of the belief that the life or lives\nhas or have determined and of the grounds on which the belief was\nformed.\n(3) In proceedings referred to in subsection (2):\n(a) the Court may in its discretion order that, unless the person or\npersons on whose life or lives the reversion, remainder or\nother interest is expectant is or are:\n(i) produced in court; or\n(ii) otherwise shown to be living,\nthe person or persons are for the purposes of the proceedings\nto be accounted as dead and relief may be given accordingly;\n(b) if a person in respect of whom it is material that the person be\nshown to be living or not is shown to have:\n(i) remained beyond Australia; or\n(ii) otherwise absented himself or herself from the place in\nwhich the person if in Australia might be expected to be\nfound,\nfor a continuous period of 7 years or more, that person, if not\nproved to be living, is for the purposes of the proceedings to\nbe accounted as dead, and relief may be given accordingly; or\n\nLaw of Property Act 2000 15\n(c) if judgment has been given against the plaintiff and afterwards\nthe plaintiff brings subsequent proceedings on the basis that a\nlife has determined, the Court may make an order staying the\nproceedings:\n(i) permanently;\n(ii) until a further order is made; or\n(iii) for any other period it thinks just.\n(4) If, as a consequence of a judgment given in proceedings under this\nsection, a person having an interest in land determinable on a life or\nlives has been evicted from or deprived of land or an interest in the\nland, and afterwards it appears that the person or persons on\nwhose life or lives the estate or interest depends is or are living or\nwas or were living at the time of the eviction or deprivation, the\nCourt may give the relief it thinks appropriate in the circumstances.\n","sortOrder":25},{"sectionNumber":"27","sectionType":"section","heading":"Penalty for holding over by life tenant","content":"27 Penalty for holding over by life tenant\n(1) If a tenant for life or lives, or a person who is in or comes into\npossession of land by, from or under the tenant or by collusion with\nthe tenant, wilfully holds over any land after:\n(a) termination of the tenancy; and\n(b) demand has been made and written notice given by the\nperson to whom the remainder or reversion of the land\nbelongs or the person's agent lawfully authorised for the\ndelivery of possession of the land,\nthe person holding over is liable to pay to the person kept out of\npossession of the land rent at the rate of double the market rent for\nthe land detained for and during the time the person holds over or\nkeeps the person entitled out of possession.\n(2) Rent payable under subsection (1) is recoverable by proceedings in\na court of competent jurisdiction.\n","sortOrder":26},{"sectionNumber":"28","sectionType":"section","heading":"Abolition of rule in Shelley's Case","content":"28 Abolition of rule in Shelley's Case\nIf, by an instrument coming into operation after the commencement\nof this Act, an interest in land is expressed to be given to the heir,\nheirs or issue, or a particular heir or a class of heirs or issue, of a\nperson in words which, but for this section, would, under the rule of\nlaw known as the Rule in Shelley's Case and despite section 22,\nhave operated to give to that person an estate in fee simple or an\nentailed estate, the words operate as words of purchase and not of\nlimitation and are to be construed and have effect accordingly.\n\nLaw of Property Act 2000 16\n","sortOrder":27},{"sectionNumber":"29","sectionType":"section","heading":"Words of limitation","content":"29 Words of limitation\n(1) A disposition of freehold land to a person without words of limitation\nor an equivalent expression passes to the disponee the whole\ninterest which the disponor has power to dispose of in the land.\n(2) A disposition of freehold land to a corporation sole without the word\n\"successors\" passes to the corporation the whole interest which the\ndisponor had power to dispose of in the land.\n(a) to dispositions made after the commencement of this Act; and\n(b) subject to a contrary intention appearing in a disposition.\n","sortOrder":28},{"sectionNumber":"30","sectionType":"section","heading":"Creation of future interests in land","content":"30 Creation of future interests in land\n(1) A future interest in land validly created after the commencement of\nthis Act takes effect as an equitable, not a legal, interest.\n(2) An interest in remainder created after the commencement of this\nAct must not be registered in the land register.\n(3) Subsection (2) has effect despite anything to the contrary in the\n(4) This section does not apply to any future interest:\n(a) created before the commencement of this Act whether that\ninterest arose or arises before or after the commencement of\nthis Act; or\n(b) created or arising because of section 22.\n(5) In this section future interest means:\n(a) a legal contingent remainder; or\n(b) a legal executory interest.\n\nLaw of Property Act 2000 17\n","sortOrder":29},{"sectionNumber":"31","sectionType":"section","heading":"Power to dispose of all rights and interests in land","content":"31 Power to dispose of all rights and interests in land\n(1) All rights and interests in land, including:\n(a) a contingent, executory or future interest in land or a\npossibility coupled with an interest in land, whether or not the\nobject of the gift or limitation of the interest or possibility is\nascertained; and\n(b) a right of entry into or on land whether immediate or future and\nwhether vested or contingent,\nmay be disposed of.\n(2) All rights of entry affecting a legal estate that are exercisable on\ncondition broken or for any other reason may, on the\ncommencement of this Act, be made exercisable by a person and\nthe persons deriving title under that person, except that in the case\nof an estate in fee simple (not being a rent charge held for a legal\nestate) the rights may be made exercisable only within the period\nauthorised by the rule relating to perpetuities.\n","sortOrder":30},{"sectionNumber":"32","sectionType":"section","heading":"Restriction on executory limitations","content":"32 Restriction on executory limitations\n(1) If there is a person entitled to:\n(a) land or an equitable interest in land for an estate in fee simple\nor a lesser interest; or\n(b) any other property or an interest in any other property,\nwith an executory limitation over on default or failure of all or any of\nthe person's issue, whether or not within or at a specified period of\ntime, the executory limitation becomes void and incapable of taking\neffect if, and as soon as, there is issue living who is an adult and\nhas the capacity of the class on default or failure of which the\nlimitation over was to take effect.\n(2) Subsection (1) does not apply if the executory limitation is\ncontained in an instrument which came into operation before the\n\nLaw of Property Act 2000 18\n","sortOrder":31},{"sectionNumber":"Part 5","sectionType":"part","heading":"Concurrent interests: co-ownership and","content":"Part 5 Concurrent interests: co-ownership and\npartition\n","sortOrder":32},{"sectionNumber":"33","sectionType":"section","heading":"Forms of co-ownership","content":"33 Forms of co-ownership\n(1) Property and interests in property (legal or equitable) may be held\nby 2 or more persons:\n(a) as joint tenants; or\n(b) as tenants in common.\n(2) Two or more persons acquiring land after the commencement of\nthis Act in circumstances in which, but for this Act, they would have\nacquired the land as coparceners acquire the land as tenants in\ncommon and not as coparceners.\n","sortOrder":33},{"sectionNumber":"34","sectionType":"section","heading":"Power of bodies corporate to hold property as joint tenants","content":"34 Power of bodies corporate to hold property as joint tenants\n(1) A body corporate is capable of acquiring and holding property as a\njoint tenant in the same manner as if it were a natural person.\n(2) If a body corporate and a natural person or 2 or more bodies\ncorporate become entitled to property under circumstances or\nbecause of an instrument that would, if the body corporate had\nbeen a natural person, have created a joint tenancy, they are\nentitled to the property as joint tenants.\n(3) The acquisition and holding of property by a body corporate in joint\ntenancy is subject to the same conditions and restrictions that\nattach to the acquisition and holding of property by a body\ncorporate in severalty.\n(4) If a body corporate holds property as a joint tenant, on its\ndissolution the property devolves on the other joint tenant.\n(5) This section applies to the acquisition and holding of property\noccurring after the commencement of this Act.\n","sortOrder":34},{"sectionNumber":"35","sectionType":"section","heading":"Construction of dispositions of property to 2 or more persons","content":"35 Construction of dispositions of property to 2 or more persons\ntogether\n(1) A disposition of the beneficial interest in any property, whether with\nor without the legal interest, to or for 2 or more persons together\nbeneficially is to be construed as made to or for them as tenants in\ncommon not joint tenants.\n\nLaw of Property Act 2000 19\n(2) Subsection (1) does not apply:\n(a) in relation to persons who, by the terms or tenor of the\ndisposition, are executors, administrators, trustees or\nmortgagees;\n(b) if the disposition provides that persons are to take as joint\ntenants; or\n(c) to a disposition for the purposes of a partnership in favour of\nthe partners (in their capacity as partners).\n(3) Subject to the Partnership Act 1997, a disposition for the purposes\nof a partnership of an interest in property in favour of the partners\n(as partners) is, subject to the appearance of a contrary intention, to\nbe construed as:\n(a) a disposition of the legal interest (if any) to those persons as\njoint tenants; and\n(b) a disposition of the beneficial interest (if any) to those persons\nas tenants in common.\n(4) This section only applies to dispositions made after the\n(5) In this section, disposition includes a disposition which is wholly or\npartly oral.\n","sortOrder":35},{"sectionNumber":"36","sectionType":"section","heading":"Tenants in common of equitable estate acquiring the legal","content":"36 Tenants in common of equitable estate acquiring the legal\nestate\nIf 2 or more persons, who are entitled beneficially as tenants in\ncommon to an equitable estate in property, are or become entitled,\nwhether as joint tenants or tenants in common, to the legal estate in\nthe property equal to and coextensive with the equitable estate,\nboth the legal and equitable estates are held by them as tenants in\ncommon unless the persons otherwise agree.\n","sortOrder":36},{"sectionNumber":"37","sectionType":"section","heading":"Interpretation","content":"37 Interpretation\n(1) In this Division:\nco-owner has a corresponding meaning to co-ownership and\nincludes an encumbrancee of the interest of a joint tenant or tenant\nin common.\n\nLaw of Property Act 2000 20\nco-ownership means ownership, whether at law or in equity, in\npossession by 2 or more persons as joint tenants or as tenants in\ncommon.\nintellectual disability means a disability resulting from an illness,\ninjury, congenital disorder or organic deterioration, or of unknown\norigin, and by reason of which the person appears to be unable to\nmake reasonable judgements or informed decisions relevant to\ndaily living.\nintellectually disabled person means a person with an intellectual\ndisability.\npatient means a person admitted to an approved treatment facility\nas a voluntary or involuntary patient under the Mental Health and\nRelated Services Act 1998.\nstatutory trust for partition means a trust to partition the property\nheld on trust, and to:\n(a) provide (by way of mortgage or otherwise) for the payment of\nequality money; and\n(b) on the partitioning of the property becoming effective, give\neffect to the partition by assuring the partitioned property in\nseveralty (whether or not subject to a mortgage created for\nraising equality money) to the persons entitled under the\npartition.\nstatutory trust for sale means a trust to sell the property held on\ntrust and to hold the:\n(a) net income derived from the property until the sale after\npayment of costs, expenses, rates, cost of insurance, repairs\nproperly paid out of income and other outgoings of the trust;\nand\n(b) net proceeds of the sale after payment of the costs and\nexpenses of the sale.\n(2) Property held on trust under this Division is, subject to this Division,\nheld on trust subject to the powers and provisions that may be\nnecessary to give effect to the rights of the co-owners of the\n(3) This Division, in applying to and in relation to statutory trusts for\npartition, is subject to the Planning Act 1999.\n\nLaw of Property Act 2000 21\n","sortOrder":37},{"sectionNumber":"38","sectionType":"section","heading":"Encumbrancee to consent to partition","content":"38 Encumbrancee to consent to partition\nIf property becomes subject to a statutory trust for partition, the\ntrustees must not partition the property unless the encumbrancee of\nthe entirety, if any, consents to the partition.\n","sortOrder":38},{"sectionNumber":"39","sectionType":"section","heading":"Purchaser no obligation under this Part","content":"39 Purchaser no obligation under this Part\nA purchaser of property held on a statutory trust under this Division\nis not required to see or inquire whether this Division has been\ncomplied with.\n","sortOrder":39},{"sectionNumber":"40","sectionType":"section","heading":"Statutory trusts for sale or partition of property held in co-","content":"40 Statutory trusts for sale or partition of property held in co-\nownership\n(1) Despite any other Act but subject to subsection (3), if property\n(other than chattels personal) is held in co-ownership, the Court\nmay, on the application of any of the co-owners, appoint trustees of\nthe property and vest the property in the trustees, subject to\nencumbrances affecting the entirety but free from encumbrances\naffecting any undivided shares, to be held by them on a statutory\ntrust for sale or on a statutory trust for partition.\n(2) In proceedings referred to in subsection (1) in respect of a statutory\ntrust for partition for which consent is required under the Planning\nAct 1999 to effect the partition, the Court may authorise a co-owner\nto apply to the consent authority (within the meaning of that Act) for\nthe consent for and on behalf of the co-owners, or any of them,\ndespite the wishes of any other co-owner.\n(3) The Court must not vest property in trustees to be held by the\ntrustees on a statutory trust for partition unless consent for the\npartition has been given under the Planning Act 1999.\n(4) If the entirety of the property is vested in trustees or personal\nrepresentatives, those trustees or personal representatives are to,\nunless the Court otherwise determines, be appointed trustees\nunder subsection (1) but subject, in the case of personal\nrepresentatives, to their rights and powers for the purposes of\nadministration.\n(5) If the entirety of the property is vested at law in co-owners the Court\nmay appoint:\n(a) the Public Trustee or a trustee company, either alone or with\none or 2 natural persons (who may be co-owners of the\nproperty); or\n(b) not less than 2 and not more than 4 natural persons (who may\nbe co-owners of the property),\n\nLaw of Property Act 2000 22\nto be trustees of the property on either of the statutory trusts.\n(6) On the appointment of trustees under subsection (5), the property\nvests in the trustees.\n(7) If, on an application for the appointment of trustees on a statutory\ntrust for sale, a co-owner who satisfies the Court that partition of the\nproperty would be more beneficial than sale of the property for the\nco-owners whose interests in the property comprise not less than\none half of the value of the property, the Court may, with the\nconsent of the encumbrancee of the entirety (if any), appoint\ntrustees of the property on a statutory trust for partition or on a\nstatutory trust for partition as to part of the property and on a\nstatutory trust for sale as to the remainder.\n(8) If trustees for partition have prepared a scheme of partition, they\nmust serve notice in writing of the scheme on all the co-owners who\nare adults and a co-owner who is dissatisfied with the scheme may,\nwithin one month after service of the notice on the co-owner, apply\nto the Court for a variation of the scheme.\n(9) If a co-owner is an intellectually disabled person, the notice is to be\nserved on the person charged by law with the management and\ncare of the property of the intellectually disabled person or, if there\nis no such person, on the Public Trustee.\n(10) If a co-owner is a person:\n(a) who is a minor;\n(b) who cannot be found or ascertained; or\n(c) as to whom it is uncertain whether the person is living or dead,\nthe trustees may act on behalf of the person and retain land or\nother property to represent the person's share.\n(11) In proceedings in relation to the sale or partition of property held on\na statutory trust, the Court may by order alter the statutory trust,\nand the trust so altered is to be taken to be the statutory trust in\nrelation to that property.\n(12) Without limiting the power of the Court to alter a statutory trust\nunder subsection (11), the Court may alter a statutory trust for\npartition to provide that:\n(a) an encumbrance which, prior to the appointment of the\ntrustees, affected an undivided share is to continue to extend\nand apply to the share; and\n\nLaw of Property Act 2000 23\n(b) a mortgage created for raising equality money ranks in priority\nafter an encumbrance referred to in paragraph (a).\n(13) If property becomes subject to a statutory trust for sale:\n(a) land is to be taken to be converted on the appointment of the\ntrustees for sale unless the Court otherwise directs; and\n(b) in the case of joint tenancy – severance of the tenancy is not\neffected by sale under the trust alone.\n(14) This section applies to property which came or comes to be held in\nco-ownership before or after the commencement of this Act.\n(15) This section does not apply to:\n(a) property in respect of which a subsisting contract for sale is in\nforce immediately before the commencement of this Act and\nthe contract is completed in due course after that\ncommencement; or\n(b) land in respect of which proceedings for partition are pending\nimmediately before that commencement and an order for a\npartition or sale is subsequently made in the proceedings after\nthat commencement.\n","sortOrder":40},{"sectionNumber":"41","sectionType":"section","heading":"Trustee on statutory trusts for sale or partition to consult","content":"41 Trustee on statutory trusts for sale or partition to consult\npersons interested\nTo the extent that it is reasonably possible, trustees on a statutory\ntrust for sale or a statutory trust for partition, must:\n(a) consult with the:\n(i) adults not subject to a disability who are for the time\nbeing beneficially entitled to income of the property until\nsale or partition; and\n(ii) Public Trustee or other person charged by law with the\nmanagement and care of the property of an intellectually\ndisabled person, patient or protected person who is for\nthe time being beneficially entitled to income of the\nproperty until sale or partition; and\n(b) subject to the general interest of the trust, give effect to the\nwishes of the persons consulted under paragraph (a) who are:\n(i) interested in more than half of the income of the property\nuntil sale or partition; or\n\nLaw of Property Act 2000 24\n(ii) if there is a dispute – in agreement and are interested in\nmore than half of the income of the property until sale or\npartition.\n","sortOrder":41},{"sectionNumber":"42","sectionType":"section","heading":"Right of co-owners to bid at sale under statutory power of sale","content":"42 Right of co-owners to bid at sale under statutory power of sale\n(1) On a sale under a statutory trust for sale the Court may allow any of\nthe co-owners of the property to purchase the property or a part of\nthe property, whether at auction or otherwise, on terms as to:\n(a) non-payment of deposit;\n(b) setting off or accounting for the purchase money or a part of\nthe purchase money instead of paying the money or the part\nof it; or\n(c) any other matter,\nas the Court thinks reasonable.\n(2) A co-owner with a right to purchase is not, without the leave of the\nCourt, entitled to act as trustee in connection with the sale.\n","sortOrder":42},{"sectionNumber":"43","sectionType":"section","heading":"Sale or division of chattels","content":"43 Sale or division of chattels\nIf a chattel belongs or chattels belong to 2 or more persons jointly\nor in undivided shares, any of the persons may apply to the Court\nfor an order that:\n(a) a chattel in respect of which the application is made be sold\nand the proceeds of sale distributed among the persons\nentitled to them under their interests in the chattel;\n(b) the chattels in respect of which the application is made be\ndivided amongst the persons entitled to them; or\n(c) any one or more of the chattels in respect of which the\napplication is made be sold and the remaining chattels (if any)\nbe divided amongst the persons entitled to them,\nand the Court may make the order and give the consequential\ndirections it thinks just.\n\nLaw of Property Act 2000 25\n","sortOrder":43},{"sectionNumber":"44","sectionType":"section","heading":"Powers of Court","content":"44 Powers of Court\nIn proceedings under section 40 or 43 the Court may on the\napplication of a party to the proceedings or on its own motion:\n(a) determine any question of fact arising (including questions of\ntitle) in the proceedings or give directions as to how the\nquestions are to be determined; or\n(b) direct that inquiries are to be made and accounts are to be\ntaken as necessary for the purpose of ascertaining and\nadjusting the rights of the parties.\n","sortOrder":44},{"sectionNumber":"45","sectionType":"section","heading":"Liability of co-owner to account","content":"45 Liability of co-owner to account\n(1) A co-owner is, in respect of the receipt by the co-owner of more\nthan the co-owner's just or proportionate share according to the\nco-owner's interest in property, liable to account to the other\nco-owners of the property.\n(2) In subsection (1), co-owner means a joint tenant or a tenant in\ncommon, whether at law or in equity, of any property.\n","sortOrder":45},{"sectionNumber":"46","sectionType":"section","heading":"Description and form of deeds","content":"46 Description and form of deeds\n(1) A deed between parties has, in effecting its objects, the effect of an\nindenture although not indented or expressed to be indented.\n(2) A deed, whether or not being an indenture, may be described as a\ndeed or as a conveyance, deed of exchange, vesting deed, trust\ninstrument, settlement, mortgage, charge, transfer of mortgage,\nappointment, lease or otherwise according to the nature of the\ntransaction intended to be effected.\n","sortOrder":46},{"sectionNumber":"47","sectionType":"section","heading":"Formalities of deeds executed by natural persons","content":"47 Formalities of deeds executed by natural persons\n(1) If a natural person executes a deed, sealing alone is not sufficient\nand the natural person must either sign or place his or her mark on\nthe deed.\n(2) An instrument expressed:\n(a) to be an indenture or a deed; or\n(b) to be sealed,\n\nLaw of Property Act 2000 26\nis, if it is signed and attested by at least one witness who is not a\nparty to the instrument, to be taken to be sealed and, subject to\nsection 49, to have been duly executed.\n(3) No particular form of words are requisite for the attestation.\n(4) In any proceedings, a deed executed and attested under this\nsection may be proved in the manner in which it would be proved if\nno attesting witness were alive.\n(5) Nothing in this section affects:\n(a) the execution of deeds by corporations; or\n(b) the validity of an instrument executed under the Land Title\nAct 2000, the Instruments Act 1935, the Powers of Attorney\nAct 1980 or any other Act; or\n(c) a deed executed before the commencement of this Act; or\n(d) the operation of the Electronic Conveyancing National\nLaw (NT).\n","sortOrder":47},{"sectionNumber":"48","sectionType":"section","heading":"Execution of instruments by or on behalf of corporations","content":"48 Execution of instruments by or on behalf of corporations\n(1) In favour of a purchaser:\n(a) a deed is to be taken to have been duly executed by a\ncorporation aggregate if its seal is affixed to the deed in the\npresence of and attested by its clerk, secretary or other\npermanent officer, or his or her deputy, together with a\nmember of the board of directors, council or other governing\nbody of the corporation; and\n(b) if a seal purporting to be the seal of a corporation aggregate\nhas been affixed to a deed attested by persons purporting to\nbe persons holding the offices referred to in paragraph (a), the\ndeed is, subject to section 49, to be taken to have been\nexecuted under the requirements of this section and to have\ntaken effect accordingly.\n(2) The board of directors, council or other governing body of a\ncorporation aggregate may, by resolution or otherwise, appoint an\nagent, either generally or for a particular case, to execute on behalf\nof the corporation an agreement or other instrument not under seal\nmade in relation to a matter within the powers of the corporation.\n\nLaw of Property Act 2000 27\n(3) If a person is authorised under a power of attorney or under a\nstatutory or other power to convey an interest in property in the\nname or on behalf of a corporation sole or corporation aggregate,\nthe person may execute the conveyance as attorney:\n(a) by signing the person's name in such a way as to show that\nthe person does so as attorney of the corporation in the\npresence of at least one witness; or\n(b) in the case of a deed, by executing the deed in accordance\nwith section 47,\nand the conveyance takes effect and is valid as if the corporation\nhad executed the conveyance.\n(4) If a corporation aggregate is authorised under a power of attorney\nor under a statutory or other power to convey property in the name\nor on behalf of another person (including another corporation), an\nofficer appointed for that purpose by the board of directors, council\nor other governing body of the corporation, whether by resolution or\notherwise and whether generally or for a particular case, may\nexecute the deed or other instrument in the name of the other\nperson and, if an instrument appears to be executed by an officer\nso appointed, it is, in favour of a purchaser, to be taken to have\nbeen executed by an officer duly authorised.\n(5) Subsections (1), (2), (3) and (4) apply to:\n(a) transactions effected before or after the commencement of\n(b) deeds and instruments executed after the commencement of\nthis Act,\nand, in the case of a power or an appointment of an agent or officer\nof a corporation, those subsections apply whether the power was\nconferred or the appointment was made before or after the\ncommencement of this Act or under this Act.\n(a) authorises a manner of execution or attestation which may be\nused instead of any manner of execution or attestation\nauthorised by any other law in force in the Territory or by\npractice or by the charter, memorandum or articles, deed of\nsettlement or other instrument constituting a corporation or\nregulating the affairs of the corporation; and\n\nLaw of Property Act 2000 28\n(b) does not affect how instruments are validly executed under\nthe Land Title Act 2000, the Instruments Act 1935, the Powers\nof Attorney Act 1980, the Corporations Act 2001 or any other\nlaw in force in the Territory.\n(7) In this section, purchaser includes the Registrar-General and any\nother person who has a power or function under an Act to register\nor record instruments, including instruments executed by\ncorporations.\n","sortOrder":48},{"sectionNumber":"49","sectionType":"section","heading":"Delivery of deeds","content":"49 Delivery of deeds\n(1) On the commencement of this Act:\n(a) execution of an instrument:\n(i) in the form of a deed; or\n(ii) in a manner provided for in section 47 or 48, does not of\nitself import delivery; and\n(b) delivery is not to be presumed from the fact of execution only\nunless it appears that execution of the document was intended\nto constitute delivery of the document.\n(2) Subject to subsection (1), delivery may be inferred from any fact or\ncircumstance, including words and conduct, indicative of delivery.\n(3) In this section, delivery means the intention to be legally bound\neither immediately or subject to fulfilment of a condition.\n","sortOrder":49},{"sectionNumber":"50","sectionType":"section","heading":"Construction of expressions used in deeds and other","content":"50 Construction of expressions used in deeds and other\ninstruments\n(1) In all deeds, contracts, wills, orders and other instruments\nexecuted, made or coming into operation after the commencement\nof this Act, unless the contrary intention appears:\n(a) month means calendar month;\n(b) person includes a natural person and a body corporate;\n(c) words indicating a gender include each other gender; and\n(d) words in the singular include the plural and words in the plural\ninclude the singular.\n(2) A covenant, power or other provision implied in a deed or other\ninstrument under an Act is to be construed in accordance with\n\nLaw of Property Act 2000 29\n","sortOrder":50},{"sectionNumber":"51","sectionType":"section","heading":"Implied covenants may be negatived","content":"51 Implied covenants may be negatived\n(1) Subject to this Act, a covenant, power or other provision implied\nunder an Act has the same force and effect and may be enforced in\nthe same manner as if it was set out in the instrument in which it is\nimplied.\n(2) A covenant, power or other provision referred to in subsection (1)\nmay, subject to a provision to the contrary in an Act, be negatived,\nvaried, or extended:\n(a) expressly in the instrument in which it is implied; or\n(b) by another instrument.\n(3) A covenant, power or other provision that is varied or extended in\naccordance with subsection (2) operates, to the extent that it may,\nin the like manner and with all the like incidents, effects and\nconsequences as if the variation or extension was implied under the\nAct that implied the covenant or power.\n","sortOrder":51},{"sectionNumber":"52","sectionType":"section","heading":"Covenants and agreements entered into by a person with","content":"52 Covenants and agreements entered into by a person with\nhimself or herself and another or others\n(1) A covenant, whether express or implied, or an agreement entered\ninto by a person with the person and one or more other persons is\nto be construed and may be enforced as if the covenant or\nagreement had been entered into by the person with the other\nperson or persons only.\n(2) Subsection (1) applies to:\n(a) covenants or agreements entered into before or after the\n(b) in the case of a person who conveys an interest in property or\nis expressed to convey an interest in property to the person\nand one or more other persons – covenants implied by or\nunder an Act,\nbut without prejudice to any order of the Court made before the\n","sortOrder":52},{"sectionNumber":"53","sectionType":"section","heading":"Receipt in instrument sufficient","content":"53 Receipt in instrument sufficient\n(1) A receipt for consideration money or other consideration in the body\nof a deed or other instrument is sufficient discharge for the payment\nor giving of the consideration without any further receipt being\nendorsed on the deed or instrument.\n\nLaw of Property Act 2000 30\n(2) Subsection (1) applies only to deeds or instruments executed after\nthe commencement of this Act.\n","sortOrder":53},{"sectionNumber":"54","sectionType":"section","heading":"Receipt in instrument or endorsed evidence sufficient in","content":"54 Receipt in instrument or endorsed evidence sufficient in\nfavour of purchaser\n(1) In favour of a subsequent purchaser not having notice that the\nmoney or other consideration acknowledged to be received was not\nin fact paid or given wholly or in part, a receipt for consideration\nmoney or other consideration in the body of a deed or instrument or\nendorsed on the deed or instrument is sufficient evidence of the\npayment or giving of the whole amount of the money or other\nconsideration.\n(2) Subsection (1) applies to deeds or instruments executed or\nendorsements made before or after the commencement of this Act.\n","sortOrder":54},{"sectionNumber":"55","sectionType":"section","heading":"Effect of joint contracts and liabilities","content":"55 Effect of joint contracts and liabilities\n(1) Subject to this and any other Act:\n(a) a promise made by 2 or more persons is, unless a contrary\nintention appears, to be construed as a promise made jointly\nand severally by each of those persons; and\n(b) liability which is joint (but not joint and several) is not to be\ndischarged, nor is a cause of action in respect of the liability to\nbe extinguished, because of a fact, event or matter unless and\nto the extent only that the liability would be discharged or\nextinguished because of the fact, event or matter if the liability\nwere joint and several.\n(2) In this section, promise includes a:\n(a) promise under seal;\n(b) covenant that is express or implied under this Act; and\n(c) bond or other obligation under seal.\n(3) This section applies only to a promise, liability or cause of action\ncoming into existence after the commencement of this Act.\n\nLaw of Property Act 2000 31\n","sortOrder":55},{"sectionNumber":"56","sectionType":"section","heading":"Contracts for the benefit of third parties","content":"56 Contracts for the benefit of third parties\n(1) A promisor who, for valuable consideration moving from the\npromisee, promises to do or to refrain from doing an act or acts for\nthe benefit of a beneficiary is, on acceptance by the beneficiary,\nsubject to a duty enforceable by the beneficiary to perform that\npromise.\n(2) Prior to acceptance by a beneficiary referred to in subsection (1),\nthe promisor and promisee may, without the consent of the\nbeneficiary, vary or discharge the terms of the promise and any\nduty arising from it.\n(3) On acceptance by a beneficiary referred to in subsection (1):\n(a) the beneficiary is entitled in the beneficiary's own name to the\nremedies and relief that are just and convenient for the\nenforcement of the duty of the promisor and relief by way of\nspecific performance, injunction or otherwise is not to be\nrefused only on the ground that, as against the promisor, the\nbeneficiary may be a volunteer;\n(b) the beneficiary is bound by the promise and subject to a duty\nenforceable against the beneficiary in the beneficiary's own\nname to do or refrain from doing any act that is required of the\nbeneficiary by the terms of the promise;\n(c) the promisor is entitled to the remedies and relief that are just\nand convenient for the enforcement of the duty of the\nbeneficiary; and\n(d) the terms of the promise and the duty of the promisor or the\nbeneficiary may be varied or discharged with the consent of\nthe promisor and the beneficiary.\n(4) Subject to subsection (1), a matter that, in proceedings not brought\nin reliance on this section:\n(a) would render a promise void, voidable or unenforceable,\nwhether wholly or in part; or\n(b) is available by way of defence to enforce a promissory duty\narising from a promise,\nrenders the promise void, voidable or unenforceable or is available\nby way of defence to enforce the promissory duty in like manner\nand to the like extent as if in proceedings for the enforcement of a\nduty to which this section gives effect.\n\nLaw of Property Act 2000 32\n(5) To the extent that a duty to which this section gives effect may be\ncapable of creating and creates an interest in land, the interest is,\nsubject to section 11, capable of being created and of subsisting in\nland under an Act (but subject to that Act).\n(6) In this section:\nacceptance means an assent by words or conduct communicated\nby or on behalf of the beneficiary to the promisor, or to some\nperson authorised on the promisor's behalf, in the manner (if any)\nand within the time specified in the promise or, if no time is\nspecified, within a reasonable time of the promise coming to the\nnotice of the beneficiary.\nbeneficiary means a person who is not the promisor or promisee\nand includes a person who, at the time of acceptance of a promise\nis identified and in existence although that person may not have\nbeen identified or in existence when the promise was made or\npromise means a promise in writing that:\n(a) is or appears to be intended to be legally binding; and\n(b) creates or appears to be intended to create a duty enforceable\nby a beneficiary.\npromisee means a person to whom a promise is made or given.\npromisor means a person by whom a promise is made or given.\n(7) Nothing in this section affects any right or remedy that exists or is\navailable apart from this section.\n(8) This section applies only to promises made after the\n","sortOrder":56},{"sectionNumber":"57","sectionType":"section","heading":"Corporate contracts and transactions not under seal","content":"57 Corporate contracts and transactions not under seal\n(1) A corporation may make or effect a contract or other transaction:\n(a) in the case of a contract or transaction which if made or\neffected by or between individuals is required by law to be in\nwriting and signed by the persons making or effecting it – in\nwriting and signed by a person with its authority (whether\nexpress or implied authority); or\n\nLaw of Property Act 2000 33\n(b) in the case of a contract or other transaction which if made or\neffected by or between individuals may be made by parol – by\nparol by a person acting with its authority (whether express or\nimplied authority).\n(2) A contract or other transaction made in accordance with\nsubsection (1):\n(a) is valid in law;\n(b) binds:\n(i) the corporation and its successors; and\n(ii) all other parties to the contract or transaction; and\n(c) may be varied or discharged in the same manner as it is\nmade.\n(3) Nothing in this section prevents a corporation making a contract or\nother transaction under its seal.\n(a) applies to the making, effecting, variation or discharge of a\ncontract or other transaction after the commencement of this\nAct (whether the corporation authorised the person making the\ncontract or transaction before or after that commencement);\nand\n(b) applies subject to the Corporations Act 2001 and any other\nAct which prescribes the manner and form by which a contract\nor other transaction may be made or effected for or on behalf\nof a corporation.\n","sortOrder":57},{"sectionNumber":"58","sectionType":"section","heading":"Guarantees to be in writing","content":"58 Guarantees to be in writing\n(1) No proceeding may be commenced on a promise to guarantee a\nliability of another unless the promise on which the proceeding is\ncommenced, or some memorandum or note of the promise is:\n(a) in writing; and\n(b) signed by the party to be charged, or by some other person\nlawfully authorised by the party.\n(2) A promise in writing, or a memorandum or note of a promise, is not\nto be treated as insufficient for the purpose of this section only\nbecause the consideration for the promise does not appear in\nwriting or by necessary inference from a written document.\n\nLaw of Property Act 2000 34\n","sortOrder":58},{"sectionNumber":"59","sectionType":"section","heading":"Provisions as to conclusiveness of certificates etc.","content":"59 Provisions as to conclusiveness of certificates etc.\n(1) A provision in a contract or instrument to the effect that a certificate,\nstatement or opinion of a person is, or is to be received as,\nconclusive evidence of a fact contained in the certificate, statement\nor opinion is to be construed to mean only that the certificate,\nstatement or opinion is, or is to be received as, prima facie\nevidence of that fact.\n(2) Subsection (1) does not apply to:\n(a) a certificate, statement or opinion of a person who, in making\nthe certificate or statement or in forming the opinion, is bound\nto act judicially or quasi-judicially or as an arbitrator or quasi-\narbitrator; or\n(b) a provision in a contract or instrument agreed to after a\ndispute has arisen relating to a fact referred to in\n(a) applies only to a contract made, or an instrument executed,\nafter the commencement of this Act;\n(b) has effect despite any term to the contrary in the contract or\ninstrument; and\n(c) has effect subject to the appearance of a contrary intention in\nan Act or an instrument of a legislative or administrative\ncharacter.\n(4) In this section, fact includes any matter, thing, event, circumstance\nor state of affairs.\n","sortOrder":59},{"sectionNumber":"60","sectionType":"section","heading":"Effect of Act or statutory instrument","content":"60 Effect of Act or statutory instrument\n(1) A statutory instrument does not have the effect of rendering void or\nunenforceable a contract or dealing concerning property that is\nmade, entered into or effected contrary to the statutory instrument\nunless it expressly provides that such a contract or dealing is void\nor unenforceable, as the case may be.\n(2) If an Act or statutory instrument requires that a certificate, consent\nor approval relating to a contract or a dealing with property (by sale,\nlease, mortgage or otherwise) be obtained or tendered before or at\nthe time the contract is entered into or the time of the dealing, in the\nabsence of greater particularity as to that time in the Act or\ninstrument it is sufficient compliance with the requirement if the\ncertificate, consent or approval is obtained or tendered as required\n\nLaw of Property Act 2000 35\nat or immediately before:\n(a) in the case of a sale, settlement;\n(b) in the case of a lease, the lessee's entry into possession\nunder the lease;\n(c) in the case of a mortgage, the mortgagor's accepting liability\nunder the mortgage; and\n(d) in the case of any other dealing, its finalisation.\n(3) This section applies to and in relation to an Act or statutory\ninstrument whether coming into operation before or after the\n(4) In this section, statutory instrument includes an instrument of a\nlegislative or administrative character.\n","sortOrder":60},{"sectionNumber":"61","sectionType":"section","heading":"Insurance money from burnt building","content":"61 Insurance money from burnt building\n(1) If a building is destroyed or damaged by fire, a person who has\ngranted a policy of insurance for insuring it against fire:\n(a) may; or\n(b) if requested by a person interested in or entitled to the\nbuilding, must,\ncause the money for which the building is insured to be laid out and\nexpended to the extent that its value will go towards rebuilding,\nreinstating or repairing the building.\n(2) Subsection (1) does not apply if:\n(a) the person claiming the insurance money gives, within\n30 days after the person's claim is adjusted, sufficient security\nto the person who has granted the policy that the insurance\nmoney will be laid out and expended in accordance with\nsubsection (1); or\n(b) the insurance money is, within the 30 day period referred to in\nparagraph (a), settled and disposed of to and amongst the\ncontending parties to the satisfaction and approbation of the\nperson who has granted the policy of insurance.\n\nLaw of Property Act 2000 36\n","sortOrder":61},{"sectionNumber":"62","sectionType":"section","heading":"Contracts for sale etc. of land to be in writing","content":"62 Contracts for sale etc. of land to be in writing\nNo proceeding may be commenced on a contract (wherever made)\nfor the sale or other disposition of land unless the contract on which\nthe proceeding is commenced, or some memorandum or note of\nthe contract, is in writing and signed by the party to be charged or\nby a person lawfully authorised by the party.\n","sortOrder":62},{"sectionNumber":"63","sectionType":"section","heading":"Sales of land by auction","content":"63 Sales of land by auction\n(1) In the case of a sale of land by auction:\n(a) a right to bid may be expressly reserved by or on behalf of the\nvendor and, if so, the vendor or a person on behalf of the\nvendor may, subject to paragraph (b), bid at the auction;\n(b) if the sale is not notified in the conditions of sale to be subject\nto a right to bid on behalf of the vendor, the vendor is not\nentitled to bid or to employ a person to bid at the sale and the\nauctioneer is not entitled to take a bid from the vendor or the\nperson;\n(c) a sale that contravenes or does not comply with paragraph (b)\nmay be treated as fraudulent by the purchaser; and\n(d) a sale may be notified in the conditions of sale to be subject to\na reserved or upset price.\n(2) Subsection (1) applies to sales of land by auction effected after the\n","sortOrder":63},{"sectionNumber":"64","sectionType":"section","heading":"Conditions of sale of land","content":"64 Conditions of sale of land\n(1) Under a contract for the sale of registered land the purchaser is\nentitled, at the cost of the vendor, to:\n(a) receive from the vendor sufficient particulars of title to enable\nthe purchaser to prepare the appropriate instrument to give\neffect to the contract;\n(b) receive from the vendor a true copy of an instrument, forming\npart of the vendor's title, in respect of which a caveat has been\nregistered;\n(c) have the relevant certificate as to title or other document of\ntitle lodged by the vendor in the Land Titles Office to enable\nthe instrument referred to in paragraph (a) to be registered;\nand\n\nLaw of Property Act 2000 37\n(d) have an objection to the registration of that instrument\nremoved by the vendor.\n(2) If there is an objection to the registration of the instrument which:\n(a) the purchaser ought to have raised on the particulars or true\ncopy or on the investigation of the title; or\n(b) arises from the purchaser's own act, default or omission,\nthe purchaser is not entitled to have the objection removed except\nat the purchaser's own cost.\n(3) Under a contract for the sale of land there is implied a term that:\n(a) payment or tender of money payable under the contract may\nbe made by cheque drawn by a bank;\n(b) an obligation on the part of the vendor to execute and deliver\na conveyance of the subject land or documents of title to the\nland free of encumbrances is satisfied if the vendor, on\ncompletion of the contract, will be able to discharge and in fact\ndoes discharge existing encumbrances out of the purchase\nmoney payable under the contract by the purchaser; and\n(c) unless otherwise agreed by the parties, their legal\npractitioners or conveyancing agents, settlement of the\ncontract must take place at the office of the Land Titles Office\nat which the documents relating to the conveyance may be\nlodged that is nearest to the land.\n(4) If, in a contract for the sale of land, the date for payment of the\npurchase money or a part of the purchase money is to be\nascertained by reference to a period of time expiring on a day that\nis a Saturday, a Sunday or a public holiday, unless the contract\ndesignates the day as a Saturday, a Sunday or by the name of the\npublic holiday completion is to take place:\n(a) on another day as agreed to by the parties, their legal\npractitioners or conveyancing agents; or\n(b) in default of an agreement, on the day, other than a Saturday,\nSunday, or public holiday, next following the day on which the\nperiod of time expires.\n(5) This section:\n(a) applies only if and to the extent that a contrary intention is not\nexpressed in the contract; and\n\nLaw of Property Act 2000 38\n(b) has effect subject to the terms of the contract.\n","sortOrder":64},{"sectionNumber":"65","sectionType":"section","heading":"Provisions not of the essence of the contract","content":"65 Provisions not of the essence of the contract\nA term of a contract as to time or otherwise which under rules of\nequity is not to be taken to be or to have become of the essence of\nthe contract is to be construed and have effect at law under rules of\nequity.\n","sortOrder":65},{"sectionNumber":"66","sectionType":"section","heading":"Application of insurance money on completion of a sale or","content":"66 Application of insurance money on completion of a sale or\nexchange\n(1) If, after the date of a contract for the sale or other exchange of\nproperty, money becomes payable under a policy of insurance\nmaintained by the vendor in respect of damage to or destruction of\nproperty included in the contract, the money:\n(a) on completion of the contract, is to be held or is receivable by\nthe vendor on behalf of; and\n(b) on completion of the sale or exchange, or as soon after the\nsale or exchange when the money is received by the vendor,\nis to be paid to,\na person entitled to the money because of an encumbrance over or\nin respect of the land and, in the case of the balance remaining (if\nany), the purchaser.\n(2) For the purpose of this section, cover provided by a policy referred\nto in subsection (1) extends until the date of completion and money\ndoes not cease to become payable to the vendor merely because\nthe risk has passed to the purchaser.\n(3) This section applies only to contracts for the sale or exchange of\nproperty made after the commencement of this Act and has effect\nsubject to:\n(a) a term of a contract for the sale or exchange of property to the\ncontrary; or\n(b) the payment by the purchaser of the proportionate part of the\npremium from the date of the contract.\n(4) This section applies to a sale or exchange of property by an order\nof court as if a reference to:\n(a) the vendor is a reference to the person bound by the order;\n\nLaw of Property Act 2000 39\n(b) the completion of the contract for the sale or exchange is a\nreference to the payment of the purchase or equality money (if\nany) into court; and\n(c) the date of the contract for the sale or exchange is a reference\nto the time when the contract becomes binding.\n","sortOrder":66},{"sectionNumber":"67","sectionType":"section","heading":"Right to rescind on destruction of or damage to dwelling","content":"67 Right to rescind on destruction of or damage to dwelling\nhouse\n(1) In a contract for the sale of a dwelling house if, before the date of\ncompletion or possession (whichever first occurs), the dwelling\nhouse is so destroyed or damaged that it is unfit for occupation as a\ndwelling house, the purchaser may, at the purchaser's option,\nrescind the contract by notice in writing given to the vendor or the\nvendor's legal practitioner or conveyancing agent not later than that\ndate of completion or possession.\n(2) On rescission of a contract under this section:\n(a) money paid by the purchaser is to be refunded to the\npurchaser; and\n(b) documents of title or transfer are to be returned to the vendor,\nand the vendor alone is entitled to the benefit of a insurance policy\nrelating to the destruction or damage of the dwelling house, subject\nto the rights of a person entitled to the insurance policy because of\nan encumbrance over or in respect of the land.\n(3) In this section, sale of a dwelling house means the sale of:\n(a) improved land the improvements on which consist wholly or\nsubstantially of a dwelling house; or\n(b) a unit within the meaning of the Unit Titles Act 1975, a building\nlot within the meaning of that Act or a lot under Part IVB of that\nAct; or\n(c) a unit as defined in section 37 of the Unit Title Schemes\nAct 2009.\n(a) applies only to contracts for the sale of dwelling houses made\nafter the commencement of this Act; and\n(b) has effect despite any term of a contract for the sale of a\ndwelling house to the contrary.\n\nLaw of Property Act 2000 40\n","sortOrder":67},{"sectionNumber":"68","sectionType":"section","heading":"Receipt in instrument or endorsed authority for payment","content":"68 Receipt in instrument or endorsed authority for payment\n(1) If a banker, a legal practitioner or a conveyancing agent produces:\n(a) an instrument that has in the body of it or endorsed on it a\nreceipt for consideration money or other consideration and\nthat is executed, or the endorsed receipt is signed, by the\nperson entitled to give a receipt for that consideration; or\n(b) a duly executed instrument in respect of registered land,\nthe instrument is sufficient authority to the person liable to pay or\ngive the consideration or land for the person's paying or giving the\nconsideration or land to the banker, legal practitioner or\nconveyancing agent without the banker, legal practitioner or\nconveyancing agent producing any separate or other direction or\nauthority in that behalf from the person who executed or signed the\ninstrument or receipt.\n(2) In this section:\nbank includes an ADI, the Chief Executive Officer (Housing)\nestablished by the Housing Act 1982 and any other prescribed\nperson.\nbanker means a person acting in the person's official capacity as a\ngeneral manager or manager of a bank and includes an agent of\nthe banker.\nconveyancing agent includes an agent of the conveyancing agent.\ninstrument includes a discharge of mortgage.\nlegal practitioner includes an agent of the legal practitioner.\n","sortOrder":68},{"sectionNumber":"69","sectionType":"section","heading":"Restriction on vendor's right to rescind on purchaser's","content":"69 Restriction on vendor's right to rescind on purchaser's\nobjection\n(1) In a contract for the sale of land, the vendor is not entitled to\nexercise a right to rescind the contract, whether given by the\ncontract expressly or otherwise, on the ground of a requisition or\nobjection made by the purchaser unless the vendor gives the\npurchaser 7 days notice of the vendor's intention to rescind (to\nenable the purchaser to withdraw or waive the requisition or\nobjection).\n(2) Subsection (1):\n(a) applies only to contracts for the sale of land made after the\n\nLaw of Property Act 2000 41\n(b) has effect despite any term of a contract for the sale of land to\nthe contrary.\n","sortOrder":69},{"sectionNumber":"70","sectionType":"section","heading":"Damages for breach of contract to sell land","content":"70 Damages for breach of contract to sell land\n(1) A vendor who, in breach of contract, fails to perform a contract for\nthe sale of land is liable by way of damages as compensation for\nthe loss sustained by the purchaser in the sum that at the time the\ncontract was made was reasonably foreseeable as the loss liable to\nresult, and which does result, from the failure of the vendor to\nperform the contract.\n(2) Unless a contract provides otherwise, a vendor referred to in\nsubsection (1) is not relieved, wholly or in part, from the liability for\ndamages measured under that subsection only because of the\nvendor's inability to make title to the land the subject of the contract\nof sale, whether or not the vendor's inability was occasioned by the\nvendor's own default.\n(3) This section does not affect a right, power or remedy under any\nother law in force in the Territory that is available to a purchaser in\nrespect of the failure of a vendor to show or make good title or\notherwise perform a contract for the sale of land.\n(a) does not apply to contracts for the sale of unregistered land;\nand\n(b) applies only to contracts for the sale of land entered into after\nthe commencement of this Act.\n","sortOrder":70},{"sectionNumber":"71","sectionType":"section","heading":"Rights of purchaser if vendor's title defective","content":"71 Rights of purchaser if vendor's title defective\n(1) If specific performance of a contract would not be enforced against\nthe purchaser of land by the Court because of a defect in or doubt\nas to the vendor's title to the land but the defect or doubt does not\nentitle the purchaser to rescind the contract, the purchaser is\nnevertheless entitled to:\n(a) recover the purchaser's deposit and any instalments paid\nunder the contract; and\n(b) be relieved from all liability under the contract,\nunless the contract discloses the defect or doubt and contains a\nprovision precluding the purchaser from objecting to the defect or\ndoubt.\n\nLaw of Property Act 2000 42\n(2) If a defect or doubt referred to in subsection (1) is not disclosed by\nthe contract but is one which is known or ought to have been known\nto the vendor at the date of the contract, the purchaser is also\nentitled to recover the purchaser's expenses of investigating the\ntitle.\n(a) only to contracts made after the commencement of this Act;\nand\n(b) despite any term of a contract to the contrary.\n","sortOrder":71},{"sectionNumber":"72","sectionType":"section","heading":"Applications to court by vendor and purchaser","content":"72 Applications to court by vendor and purchaser\nA vendor or purchaser of land, or their respective representatives,\nmay apply to the Court in respect of:\n(a) a requisition or objection;\n(b) a claim for compensation; or\n(c) any other question arising out of or connected with a contract\nfor the sale or exchange of land (except a question affecting\nthe existence or validity of the contract),\nand the Court may make the orders on the application as the Court\nthinks just including how and when and by whom all or any of the\ncosts of and incidental to the application are to be borne and paid.\n","sortOrder":72},{"sectionNumber":"72A","sectionType":"section","heading":"Computer failure","content":"72A Computer failure\n(1) This section applies to a contract for the sale of land if:\n(a) the contract is entered on or after the commencement of this\nsection; and\n(b) time is of the essence for the contract; and\n(c) the purchaser cannot verify the vendor's title to the land on the\ndate of the completion of the contract only because of a failure\n(the computer failure) of the computer system at the Land\nTitles Office; and\n(d) as a result, the contract is not completed on that date.\n(2) Subject to any contrary provision in the contract:\n(a) time ceases to be of the essence for the contract; and\n\nLaw of Property Act 2000 43\n(b) the contract is not breached because of the failure to complete\nthe contract; and\n(c) a party to the contract may give notice, for the completion of\nthe contract, after the first day during which the computer\nsystem is again operational continuously following the\ncomputer failure; and\n(d) the notice must state a period not exceeding 7 business days\nfrom the giving of the notice for the completion of the contract;\nand\n(e) when the notice is received by the other party to the contract,\ntime is of the essence again for the contract.\n(3) To avoid doubt, this section may apply more than once for the\n","sortOrder":73},{"sectionNumber":"73","sectionType":"section","heading":"Application of Division","content":"73 Application of Division\n(1) This Division does not bind the Crown.\n(2) In this Division:\ndeposit means an amount:\n(a) not exceeding 10% of the purchase price payable under an\ninstalment contract;\n(b) paid or payable in one or more amounts; and\n(c) liable to be forfeited and retained by the vendor in the event of\na breach of contract by the purchaser.\ninstalment contract means an enforceable executory contract for\nthe sale of land under which the purchaser is bound to make a\npayment or payments (other than as a deposit) without becoming\nentitled to receive a conveyance in exchange for the contract.\nmortgage includes an encumbrance or charge other than a charge\nattaching by the operation of an Act of the Commonwealth or a\nState or a Territory of the Commonwealth.\npurchaser includes a person from time to time deriving an interest\nunder an instalment contract from the original purchaser under the\n\nLaw of Property Act 2000 44\nsale includes an agreement for sale and an enforceable option for\nsale.\nvendor includes a person to whom the rights of a vendor under an\ninstalment contract have been assigned.\n(3) If a contract for the sale of land may, at the election of the\npurchaser, be performed in a manner which would constitute an\ninstalment contract, the contract is presumed to be an instalment\ncontract unless the purchaser elects to perform it in some other\nmanner.\n(4) This Division applies:\n(a) only to instalment contracts entered into after the\n(b) despite any term of an instalment contract to the contrary.\n","sortOrder":74},{"sectionNumber":"74","sectionType":"section","heading":"Restriction on vendor's right to rescind","content":"74 Restriction on vendor's right to rescind\n(1) An instalment contract is not to be determinable or determined\nbecause of default on the part of the purchaser in payment of an\ninstalment or amount of money (but not a deposit or a part of a\ndeposit) due and payable under the contract until the expiration of\n30 days after service on the purchaser of a notice in the approved\nform by the vendor or the vendor's agent.\n(2) A purchaser on whom a notice is served under subsection (1) may,\nwithin the period referred to in that subsection, pay or tender to the\nvendor or the vendor's agent the amount (including the amount in\nrespect of which the default was made) that would, but for the\ndefault, have been due and payable under the contract at the date\nof making the payment or tender.\n(3) On payment or tender of an amount under subsection (2), a right or\npower of the vendor to determine the contract because of the\ndefault specified in the notice ceases and the purchaser is to be\ntaken not to be in default under the contract.\n(4) A notice served under subsection (1) that is not in the approved\nform is to be taken to have the effect as if it were if it is reasonably\nsufficient to fully and fairly apprise the purchaser of the purchaser's\ndefault and of the effect of the purchaser's failure to remedy the\ndefault within the time specified in this section.\n\nLaw of Property Act 2000 45\n","sortOrder":75},{"sectionNumber":"75","sectionType":"section","heading":"Land not to be sold or mortgaged by vendor","content":"75 Land not to be sold or mortgaged by vendor\n(1) A vendor under an instalment contract must not, unless with the\nconsent of the purchaser, sell or mortgage the land the subject of\nthe contract.\nMaximum penalty: 50 penalty units.\n(2) If land is mortgaged in contravention of subsection (1), the\ninstalment contract is voidable by the purchaser any time before\ncompletion of the contract.\n(3) Nothing in this section affects the operation of the Land Title\nAct 2000.\n","sortOrder":76},{"sectionNumber":"76","sectionType":"section","heading":"Right of purchaser to lodge caveat","content":"76 Right of purchaser to lodge caveat\n(1) A purchaser under an instalment contract for the sale of registered\nland may, by a caveat lodged under the Land Title Act 2000,\nprevent the registration of any instruments affecting the land.\n(2) Section 142 of the Land Title Act 2000 does not apply to a caveat\nreferred to in subsection (1).\n(3) The caveat lapses on completion of the instalment contract.\n","sortOrder":77},{"sectionNumber":"77","sectionType":"section","heading":"Right to require conveyance","content":"77 Right to require conveyance\n(1) A purchaser who is not in default under an instalment contract may\nserve on the vendor a notice in writing requiring the vendor to\nconvey the land to the purchaser conditionally on the purchaser at\nthe same time executing a mortgage in favour of the vendor, or any\nother person specified by the vendor, to secure payment of all\nmoney that, but for the execution of the mortgage, remains payable\nby the purchaser under the instalment contract.\n(2) A vendor who is not in default under an instalment contract may\nserve on a purchaser a notice in writing requiring the purchaser to\naccept conveyance of the land from the vendor conditionally on the\npurchaser at the same time executing a mortgage, or (if it is a\nreasonable requirement) mortgages, in favour of the vendor or any\nother person or persons specified by the vendor, to secure payment\nof all money that, but for the execution of the mortgage or\nmortgages, remains payable by the purchaser under the instalment\n\nLaw of Property Act 2000 46\n(3) A vendor who requires a purchaser to accept conveyance under\nsubsection (2) is obliged to advance to the purchaser:\n(a) an amount equal to the duty (if any) payable on the\nconveyance by the purchaser under the Stamp Duty Act 1978;\nand\n(b) an amount equal to the legal costs of preparation, execution\nand registration of the conveyance payable by the purchaser,\nbut only if the purchaser agrees to the amount so advanced being\nadded to the principal sum secured by the mortgage or, if more\nthan one mortgage, the mortgage specified by the vendor.\n(4) A mortgage executed under this section is to:\n(a) contain all terms, powers and covenants on the part of the\nmortgagor as agreed by the vendor and the purchaser and is\nto accord with and provide for observance of all obligations of\nthe purchaser under the instalment contract;\n(b) subject to subsection (7), in the case of the purchaser\nrequiring the vendor to convey the land under subsection (1) –\nbe prepared and registered at the expense of the purchaser;\nand\n(c) subject to subsection (7), in the case of the vendor requiring\nthe purchaser to accept conveyance of the land under\nsubsection (2) – be prepared and registered at the expense of\nthe vendor.\n(5) Duty under the Stamp Duty Act 1978 and the legal costs of\npreparation, execution and registration of the conveyance of the\nland to the purchaser are payable by the party or parties in the\nsame way as if the land were being conveyed to the purchaser in\nconsequence of payment in full of the purchase price or other\nperformance of the contract by the purchaser.\n(6) In the event of the vendor and the purchaser failing to agree:\n(a) on the terms, covenants and powers to be contained in the\nmortgage or mortgages; or\n(b) whether it is reasonable on the part of the vendor to require\nthe purchaser to execute more than one mortgage,\n\nLaw of Property Act 2000 47\nthe President of the Law Society, on application by the legal\npractitioner or conveyancing agent of the vendor or purchaser, is to\nappoint an independent legal practitioner or conveyancing agent to:\n(c) settle the mortgage or mortgages and the terms, covenants or\npowers to be contained in the mortgage or mortgages; or\n(d) determine the number of mortgages and the land to be made\nsubject to each mortgage,\nand the mortgage or mortgages settled or determined by the legal\npractitioner or conveyancing agent, as the case may be, is or are to\nbe taken to have been agreed on by both the vendor and the\npurchaser.\n(7) The reasonable costs of settling or determining a mortgage under\nsubsection (6) are to be borne by the vendor and the purchaser in\nthe proportions (if any) as the President of the Law Society thinks\nappropriate, and the costs are recoverable by the legal practitioner\nor conveyancing agent in those proportions from the vendor and the\npurchaser respectively in a court of competent jurisdiction.\n(8) A person liable for costs because of subsection (7) is entitled to\nrequire those costs to be taxed under the Supreme Court Act 1979.\n(9) If:\n(a) a notice in writing has been served under this section on a\nvendor by a purchaser or on a purchaser by a vendor; and\n(b) the vendor or purchaser fails without lawful excuse to convey\nor to accept conveyance of the land or to execute an\ninstrument requisite for giving effect to this section,\nthe vendor or purchaser is to be taken to have broken a condition of\nthe contract, and the purchaser or vendor is entitled to all civil\nremedies accordingly, as the case may be.\n","sortOrder":78},{"sectionNumber":"78","sectionType":"section","heading":"Deposit of title documents and conveyance","content":"78 Deposit of title documents and conveyance\n(1) A purchaser who is not in default under an instalment contract may,\nany time after the contract has been entered into, direct the vendor,\nat the cost of the purchaser, to deposit with the Public Trustee or a\nperson prescribed by the Minister by notice in the Gazette:\n(a) the certificate or certificates as to title, or other documents of\ntitle, relating to the land the subject of the contract; and\n(b) a duly executed conveyance of the land in favour of the\npurchaser.\n\nLaw of Property Act 2000 48\n(2) On deposit of the conveyance with the Public Trustee or a person\nprescribed under subsection (1), the conveyance is taken to be\ndelivered by the vendor in escrow pending discharge of the contract\nby performance or otherwise.\n(3) A vendor who fails to comply with a direction given under\nsubsection (1) is to be taken to have broken a condition of the\ncontract and the purchaser is entitled to all civil remedies\naccordingly.\n(4) If a certificate as to title or other document of title and a conveyance\nhave been deposited with the Public Trustee or a person prescribed\nunder subsection (1), the Public Trustee or the person:\n(a) must hold the certificate as to title or other document of title\nand the conveyance in trust and must not, except for the\npurpose of safekeeping, deliver the certificate or other\ndocument and the conveyance to any person until:\n(i) the time for performance of the contract arrives;\n(ii) the contract is discharged by performance or otherwise;\nor\n(iii) the Court, on the application of the Public Trustee or the\nperson prescribed under subsection (1), the vendor, the\npurchaser or any other interested person, orders\notherwise; and\n(b) may receive money payable by the purchaser under the\ncontract to be held on trust for the vendor.\n(5) Nothing in this section applies to an instalment contract if, at the\ntime the contract is made, the land the subject of the contract is\nsubject to an existing mortgage.\n","sortOrder":79},{"sectionNumber":"79","sectionType":"section","heading":"Definitions","content":"79 Definitions\nIn this Part:\ninstrument of mortgage includes an instrument or memorandum\nof mortgage registered under the Land Title Act 2000 and a\nmortgage or charge of property under the Geothermal Energy\nAct 2009, Mineral Titles Act 2010, Petroleum Act 1984 or Petroleum\n(Submerged Lands) Act 1981.\n\nLaw of Property Act 2000 49\nprincipal money includes any principal money, annuity, rent\ncharge, statutory charge and overriding statutory charge secured or\ncharged by an instrument of mortgage registered under the Land\nTitle Act 2000.\n","sortOrder":80},{"sectionNumber":"80","sectionType":"section","heading":"Implied obligations in mortgages","content":"80 Implied obligations in mortgages\n(1) In every instrument of mortgage there is implied on the part of the\nmortgagor the obligation that the mortgagor will pay the principal\nmoney and interest secured according to the rate and at the times\nspecified in the mortgage without any deduction.\n(2) In every instrument of mortgage of land there is also implied on the\npart of the mortgagor the obligation that:\n(a) the mortgagor will keep all buildings and other improvements\nerected and made on the land in as good and substantial\nrepair as they were in at the date of the mortgage; and\n(b) the mortgagor will permit the mortgagee, with or without\nagents, to enter on the land at all convenient times until the\nmortgage is redeemed to view and inspect the state of repair\nof the buildings and other improvements.\n(3) If a mortgage is by deed, an obligation implied by this section takes\neffect as a covenant on the part of the mortgagor.\n(a) applies only to the extent that a contrary intention is not\nexpressed in the instrument of mortgage; and\n(b) has effect subject to the tenor and terms of the instrument of\n","sortOrder":81},{"sectionNumber":"81","sectionType":"section","heading":"Amendment of mortgage","content":"81 Amendment of mortgage\n(1) A mortgage evidenced by an instrument of mortgage may be\namended by a memorandum of amendment to:\n(a) increase or reduce the rate of interest payable in respect of\nthe debt or obligation secured by the mortgage;\n(b) increase or reduce the amount secured by the mortgage;\n(c) shorten, extend or renew the term or currency of the\nmortgage; or\n(d) vary any condition, covenant or other provision of the\ninstrument of mortgage.\n\nLaw of Property Act 2000 50\n(2) The power to amend a mortgage under this section is in addition to\nany other power to amend a mortgage under a law in force in the\n","sortOrder":82},{"sectionNumber":"82","sectionType":"section","heading":"Inspection and production of instruments","content":"82 Inspection and production of instruments\n(1) While a mortgagor's right to redeem subsists, the mortgagor is\nentitled:\n(a) at reasonable times;\n(b) on making a request;\n(c) at the mortgagor's own cost; and\n(d) on payment or tender (by the mortgagor or the mortgagor's\nlegal practitioner or conveyancing agent) of the mortgagee's\nproper costs and expenses,\nto inspect and to make or be supplied with copies or abstracts of, or\nextracts from, the documents of title or other documents relating to\nthe mortgaged property in the possession, custody or power of the\n(2) If a mortgagor in respect of a mortgage of land executes,\nsubsequent to the mortgage, an instrument or other document in\nrelation to:\n(a) an authorised dealing with the land; or\n(b) a second or subsequent mortgage,\nthe mortgagee or other person holding the certificate as to title,\ninstrument of lease or other documents of title in respect of the land\nis:\n(c) on being requested in writing to do so by the mortgagor or a\nperson entitled to the benefit of the subsequent instrument or\ndocument;\n(d) at the cost of the person making that request; and\n(e) on payment or tender to the mortgagee or other person of the\nmortgagee's or other person's proper costs and expenses,\nto produce the document or documents of title for lodgment in the\nLand Titles Office so that the subsequent instrument or document\nmay be registered.\n\nLaw of Property Act 2000 51\n(3) If the mortgagee or other person fails to comply with a request\nmade under subsection (2), the mortgagor or other person entitled\nto the benefit of the subsequent instrument or document concerned\nmay make application to the Court for an order directed to the\nmortgagee or other person to appear before the Court and show\ncause why the document or documents of title should not be\nproduced under that subsection.\n(4) If the mortgagee or other person fails to appear before the Court at\nthe time appointed in the order, the Court may issue a warrant to\narrest the mortgagee or other person and to detain him or her until\nhe or she is brought before the Court for examination.\n(5) On the appearance before the Court of a person under\nsubsection (3) or (4) and after examining that person on oath, the\nCourt may:\n(a) order the person to deliver up the document or documents of\ntitle; or\n(b) order the Registrar-General to dispense with production of the\ndocument or documents of title to enable the subsequent\ninstrument or document to be registered.\n(6) If a certificate as to title, an instrument of lease, or other document\nof title referred to in subsection (2) is lodged in the Land Titles\nOffice, it is:\n(a) when the dealing or mortgage referred to in that subsection\nhas been registered – to be redelivered to the mortgagee or\nother person authorised by the mortgagee to take delivery of\nthe dealing or mortgage; and\n(b) while lodged in the Land Titles Office – not to be used or\navailable for the purpose of registering any instrument, dealing\nor mortgage other than those referred to in subsection (2).\n(7) The execution or attempted execution of a second or subsequent\nmortgage does not:\n(a) constitute a breach of a term, covenant, condition or proviso\nfor re-entry contained in a prior mortgage;\n(b) occasion any forfeiture or penalty; or\n(c) render payable or accelerate the time for payment of a sum\nthat, if the second or subsequent mortgage had not been\nexecuted or the attempt to execute that mortgage had not\nbeen made, would not have been payable or would not have\nbeen payable at that time.\n\nLaw of Property Act 2000 52\n(8) A mortgagee whose mortgage is surrendered, discharged or\notherwise extinguished is not liable by reason of delivering\ndocuments of title in the mortgagee's possession to the person not\nhaving the best right to the mortgage unless the mortgagee has\nnotice of the right or claim of a person having a better right.\n(9) This section:\n(a) applies only to mortgages made after the commencement of\n(b) has effect despite any term of a mortgage to the contrary.\n","sortOrder":83},{"sectionNumber":"83","sectionType":"section","heading":"Actions for possession by mortgagors","content":"83 Actions for possession by mortgagors\n(1) If a mortgagor is entitled to the possession of land or receipt of the\nrents and profits of land, and the mortgagee takes possession or\nenters into receipt of the rents and profits of the land without having\ngiven notice of his or her intention to do so, the mortgagor may sue,\nin the mortgagor's own name only:\n(a) for possession or for the recovery of the rents or profits; or\n(b) to prevent, or recover damages in respect of, any trespass or\nother wrong relating to the land,\nunless the cause of action arises on a lease or other contract made\nby the mortgagor jointly with another person.\n(2) Nothing in this section prejudices the power of a mortgagor under\nany other law in force in the Territory to take proceedings in the\nmortgagor's own name only, whether in right of a legal estate\nvested in the mortgagor or otherwise.\n(3) This section applies to mortgages made before and after the\n","sortOrder":84},{"sectionNumber":"84","sectionType":"section","heading":"Mortgagee of leasehold land coming into possession of rent","content":"84 Mortgagee of leasehold land coming into possession of rent\nand profits\nIf a mortgagee of leasehold land or a person claiming the land from\nor under the mortgagee is in possession of the land or is in receipt\nof the rents and profits of the land, the mortgagee or other person\nis, to the extent that the rents and profits may be received by him or\nher, subject and liable to the lessor of the land or a person entitled\nto the lessor's estate or interest in the land or to receive the rent\nreserved to the lessor to the same extent as the lessee was liable\nbefore the mortgagee or person claiming from or under the\nmortgagee took possession of the land or entered into receipt of the\nrents and profits.\n\nLaw of Property Act 2000 53\n","sortOrder":85},{"sectionNumber":"85","sectionType":"section","heading":"Tacking and further advances","content":"85 Tacking and further advances\n(1) On the commencement of this Act, a prior mortgagee has a right to\nmake further advances to rank in priority to subsequent mortgages\n(whether legal or equitable) if:\n(a) an arrangement has been made to that effect with the\nsubsequent mortgagees;\n(b) the mortgagee had no notice of the subsequent mortgages at\nthe time when the further advance was made by the\nmortgagee; or\n(c) the total amount advanced under the mortgagee's mortgage at\nany time does not exceed the maximum amount specified in\nthe loan agreement or mortgage as the maximum amount that\nmay be secured by the mortgage.\n(2) Nothing in subsection (1) affects the right of a prior mortgagee to\nrank in priority to subsequent mortgagees in respect of expenses\nproperly incurred in preserving the mortgaged property.\n(3) A mortgagee in respect of a mortgage that was made expressly for\nsecuring a current account or other further advances is, in relation\nto the making of further advances after the commencement of this\nAct, not to be taken to have notice of another mortgagee by reason\nonly that the other mortgage was registered under an Act providing\nfor registration of mortgages or deeds unless it was registered\nunder that Act at the time when the first-mentioned mortgage was\ncreated or when the last search (if any) by or on behalf of the\nmortgagee was made, whichever last occurred.\n(4) Other than as provided in subsection (3), the right to tack is\nabolished.\n(5) Nothing in this Act affects any priority acquired before the\ncommencement of this Act:\n(a) by tacking;\n(b) in respect of further advances made without notice of a\nsubsequent mortgage; or\n(c) by arrangement with a subsequent mortgagee.\n(6) This section applies to mortgages of land made before and after the\n\nLaw of Property Act 2000 54\n","sortOrder":86},{"sectionNumber":"86","sectionType":"section","heading":"Powers incident to interest of mortgagee","content":"86 Powers incident to interest of mortgagee\nIf a mortgage is made by instrument, the mortgagee has the\nfollowing powers to the like extent, but not further, as if they are\nconferred by terms contained in the instrument of mortgage:\n(a) subject to section 89, a power to sell, or to concur with any\nother person in selling, the mortgaged property or a part of the\nmortgaged property, and all the interest of the mortgagor in\nthe property or part whether subject to prior charges or not\nand whether together or in lots or in subdivision or otherwise,\nby public auction or by private contract and for a sum payable\neither in one sum or by instalments, subject to the conditions\nwith respect to title, evidence of title or other matters as the\nmortgagee thinks appropriate, and with power to vary any\ncontract for sale, buy in at an auction or rescind any contract\nfor sale and to resell, without being answerable for any loss\noccasioned by the exercise of the power, with power to make\nthe roads, streets and passages and grant the easements of\nright of way or drainage over the mortgaged property as the\ncircumstances may require and the mortgagee thinks\nappropriate;\n(b) a power, at any time after the date of the instrument of\nmortgage, to insure and keep insured against loss or damage\nby fire, flood, lightning, storm, tempest and earthquake a\nbuilding or any effects or property of an insurable nature,\nwhether affixed to freehold land or not, being or forming part of\nthe property which or an interest in which is mortgaged, and\nthe premiums paid for the insurance are a charge on the\nmortgaged property or interest in addition to the mortgage\nmoney and with the same priority and with interest at the\nsame rate as the mortgage money;\n(c) subject to section 96, a power to appoint a receiver of the\nincome of the mortgaged property or a part of the mortgaged\nproperty or, if the mortgaged property consists of an interest in\nincome, a rent charge or an annual or other periodical sum, to\nappoint a receiver of that property or a part of that property;\n(d) a power, while the mortgagee is in possession, to cut and sell\ntimber and other trees ripe for cutting and not planted or left\nstanding for shelter or ornament, to sever and sell a chattel\naffixed to the property or to contract for the cutting, severing or\nsale of timber, other trees or a chattel which contract is to be\ncompleted within 12 months after the making of the contract;\n\nLaw of Property Act 2000 55\n(e) a power (on default) to enter into possession of the land and\nreceive the rents and profits of the land or from time to time let\nthe land for a term not exceeding 12 months;\n(f) a power (on default) to commence proceedings for recovery of\nthe land either before or after entering into the receipt of the\nrents and profits of the land or selling the land under the\npower of sale;\n(g) subject to section 89, a power to sell an easement, right or\nprivilege of any kind over or in relation to the mortgaged\n","sortOrder":87},{"sectionNumber":"87","sectionType":"section","heading":"Powers incident to power of sale","content":"87 Powers incident to power of sale\nA mortgagee's power of sale includes the following powers as\nincident to the sale:\n(a) a power to impose or reserve or make binding, to the extent\nthat the law permits, by covenant, condition or otherwise, on\nthe unsold part of the mortgaged property or a part of it, or on\nthe purchaser and any property sold, a restriction or\nreservation with respect to building on or any other user of\n(b) a power to sell the mortgaged property, or a part of it:\n(i) with or without a grant or reservation of rights of way,\nrights of water, easements and rights and privileges for\nor connected with building or other purposes in relation\nto the property remaining in mortgage or a part of it or to\nany property sold;\n(ii) with or without a grant or reservation of powers of\nworking, wayleaves or rights of way, rights of water and\ndrainage and other powers, easements and rights and\nprivileges for or connected with mining purposes in\nrelation to the property remaining unsold or a part of it or\nto any property sold; and\n(iii) with or without covenants by the purchaser to expend\nmoney on land sold.\n","sortOrder":88},{"sectionNumber":"88","sectionType":"section","heading":"Application of sections 86 and 87","content":"88 Application of sections 86 and 87\n(1) A provision of this Act that relates to or regulates the exercise of the\npowers mentioned in sections 86 and 87 may be varied or extended\nby an instrument of mortgage.\n\nLaw of Property Act 2000 56\n(2) Sections 86 and 87:\n(a) apply to an instrument of mortgage executed before and after\nthe commencement of this Act;\n(b) apply only to the extent that a contrary intention is not\nexpressed in the instrument of mortgage; and\n(c) has effect subject to the tenor and terms of the instrument of\n","sortOrder":89},{"sectionNumber":"89","sectionType":"section","heading":"Regulation of exercise of power of sale","content":"89 Regulation of exercise of power of sale\n(1) A mortgagee must not exercise the mortgagee's power of sale\n(whether conferred by an Act or an instrument of mortgage) unless:\n(a) default has been made in the payment of the principal money\nor interest (or a part of it) secured by the instrument of\nmortgage, notice requiring the payment of the amount that\nconstitutes the default has been served on the mortgagor and\nthe default has continued for 30 days (or any other period of\nnot less than one day as agreed) after the service of the\nnotice; or\n(b) default has been made on the part of the mortgagor or of\nsome other person concurring in the making the mortgage in\nthe observance or fulfilment of a provision contained in the\ninstrument of mortgage or implied by this or another Act,\nnotice requiring the default to be remedied has been served\non the mortgagor and the default has continued for 14 days\nafter the service of the notice.\n(2) A notice under subsection (1) is to be in the approved form.\n(a) despite section 51 or any provision in a mortgage to the\ncontrary;\n(b) to mortgages made before and after the commencement of\n(c) only if the power of sale is exercised because of a default that\noccurs after the commencement of this Act.\n\nLaw of Property Act 2000 57\n","sortOrder":90},{"sectionNumber":"89A","sectionType":"section","heading":"Exercise of power of sale in relation to disclaimed properties","content":"89A Exercise of power of sale in relation to disclaimed properties\n(1) This section applies in relation to the mortgaged freehold property\nof a bankrupt that has been disclaimed by the trustee of the estate\nof the bankrupt under the section 133(1) of the Bankruptcy\nAct 1966 (Cth) if:\n(a) for property in relation to which section 133(3) of that Act\napplies – the trustee has given notice of the disclaimer under\nsection 133(3) of that Act; and\n(b) an application to a court for an order under section 133(9) of\nthat Act in relation to the property:\n(i) has not been made; or\n(ii) has been finally dealt with by the court or withdrawn; and\n(c) a court has not made an order in relation to the property under\nsection 133(9) of that Act, other than an order vesting the\nproperty in the mortgagee.\n(2) In addition, this section applies in relation to the mortgaged freehold\nproperty of a company that has been disclaimed by a liquidator of\nthe company under section 568(1) of the Corporations\nAct 2001 (Cth) if:\n(a) the liquidator has complied with section 568A of that Act in\nrelation to the disclaimer; and\n(b) the disclaimer is in effect under that Act; and\n(c) an application to a court under section 568E or 568F of that\nAct in relation to the property:\n(i) has not been made; or\n(ii) has been finally dealt with by the court or withdrawn; and\n(d) a court has not made an order in relation to the property under\nsection 568F(1) of that Act, other than an order vesting the\nproperty in the mortgagee.\n(3) The disclaimer does not affect the right of the mortgagee to\nexercise the mortgagee's power of sale conferred by this Act or\notherwise in relation to the property.\n\nLaw of Property Act 2000 58\n(4) Despite section 89(1), the mortgagee may exercise the mortgagee's\npower of sale conferred by this Act or otherwise in relation to the\nproperty if the mortgagee has given notice, in the approved form, of\nthe mortgagee's intention to exercise the power of sale to:\n(a) each person who has an interest in the property; and\n(b) the Registrar-General for recording in the land register.\n(5) The mortgagee must not exercise the power of sale until 30 days\nafter the last of the notices mentioned in subsection (4) has been\n(6) Despite subsections (1) and (2), this section does not apply in\nrelation to the exercise of a power of sale conferred on the\nmortgagee under the Land Title Act 2000.\n(7) In this section:\nbankrupt, see section 5(1) of the Bankruptcy Act 1966 (Cth).\ncompany means a company registered under the Corporations\nAct 2001 (Cth).\n","sortOrder":91},{"sectionNumber":"90","sectionType":"section","heading":"Duty of mortgagee as to sale price","content":"90 Duty of mortgagee as to sale price\n(1) It is the duty of a mortgagee, in exercising the power of sale\n(whether conferred by an Act or an instrument of mortgage), to take\nreasonable care to ensure that the property is sold at its market\nvalue.\n(2) Not later than 28 days after completion of the sale the mortgagee\nmust give to the mortgagor, or a subsequent mortgagee or\nencumbrancer in respect of the property, the prescribed notice.\n(3) The title of the purchaser is not impeachable on the ground that the\nmortgagee has committed a breach of a duty imposed by this\nsection but a person who suffers loss or damage because of the\nbreach of duty has a remedy in damages against the mortgagee\nexercising the power of sale.\n(4) An agreement or a term of an agreement is void to the extent that it\nrelieves, purports to relieve, or has or might have the effect of\nrelieving a mortgagee from a duty imposed by this section.\n(5) Nothing in this section affects the operation of a law in force in the\nTerritory that relates to the duty of the mortgagee to account to the\nmortgagor.\n\nLaw of Property Act 2000 59\n(6) This section applies in relation to mortgages made before or after\nthe commencement of this Act but only in relation to the exercise of\na power of sale if:\n(a) the exercise of the power arises upon or in consequence of a\ndefault, mentioned in section 89(1), that happens after the\ncommencement of this Act; or\n(b) the power is being exercised under section 89A(4).\n","sortOrder":92},{"sectionNumber":"91","sectionType":"section","heading":"Effect of conveyance on sale","content":"91 Effect of conveyance on sale\n(1) A mortgagee exercising the power of sale conferred by this Act has,\nin the case of unregistered land, power by deed or instrument in\nwriting to convey to and vest in the purchaser the property sold for\nall the interest (including the legal interest) in it that the mortgagor\nhad power to dispose of freed from all interests and rights to which\nthe mortgage has priority but subject to all interests and rights that\nhave priority to the mortgage.\n(2) If a mortgagee exercising the power of sale conferred by this Act\nregisters a transfer of the property sold under the Land Title\nAct 2000, the interest of the mortgagor in the property passes to the\ntransferee freed and discharged from the mortgage and from all\ninterests and rights to which the mortgage has priority but subject to\nall estates, interests and rights that have priority to the mortgage.\n","sortOrder":93},{"sectionNumber":"92","sectionType":"section","heading":"Protection of purchasers","content":"92 Protection of purchasers\n(1) If a conveyance is made in the exercise of the power of sale\nconferred by this Act, the title of the purchaser is not impeachable\non the ground that:\n(a) no case had arisen to authorise the sale;\n(b) due notice was not given;\n(c) leave of the Court, if required, was not obtained; or\n(d) the power was otherwise improperly or irregularly exercised.\n(2) A purchaser is not, either before or on conveyance, to be\nconcerned to see or inquire whether the power of sale referred to in\nsubsection (1) is authorised or properly or regularly exercised but a\nperson who suffers loss or damage by the power has a remedy in\ndamages against the person exercising the power.\n\nLaw of Property Act 2000 60\n","sortOrder":94},{"sectionNumber":"93","sectionType":"section","heading":"Application of proceeds of sale","content":"93 Application of proceeds of sale\n(1) The proceeds from the sale of land by a mortgagee entitled to the\nbenefit of an overriding statutory charge are to be:\n(a) first – applied in payment of the costs, charges and expenses\nproperly incurred by the mortgagee as incident to the sale;\n(b) secondly – applied in payment of any money owing to a\nperson entitled under a law of the Commonwealth to priority\nover an overriding statutory charge;\n(c) thirdly – applied in payment of any money owing to a\nmortgagee entitled to the benefit of a prior overriding statutory\ncharge having priority;\n(d) fourthly – applied in payment of the money owing to the\nmortgagee entitled to the benefit of the overriding statutory\ncharge; and\n(e) further – in accordance with subsection (2)(b), (c), (d), (f)\nand (g) (in that sequence).\n(2) The proceeds from the sale of land by the mortgagee in any other\ncase are to be:\n(a) first – applied in payment of the costs, charges and expenses\nproperly incurred by the mortgagee as incident to the sale;\n(b) secondly – applied in payment of money owing to a person\nentitled under a law of the Commonwealth to priority over a\nstatutory charge;\n(c) thirdly – applied in payment of money owing to a mortgagee\nentitled to the benefit of a registered overriding statutory\ncharge;\n(d) fourthly – applied in payment of a prior registered mortgage, if\nany, if the mortgagee entitled to the benefit of the mortgage\nhas concurred in the sale and has executed a discharge of the\nmortgage;\n(e) fifthly – applied in payment of the money owing to the\nmortgagee;\n(f) sixthly – applied in payment of any subsequent mortgages in\norder of their priority; and\n\nLaw of Property Act 2000 61\n(g) seventhly – in the case of any residue of the proceeds, paid to\nthe person entitled to receive or give receipts for the proceeds\nof sale of the land.\n(3) Despite this section, if the money arises from the sale of mortgaged\nfreehold property that has been disclaimed under section 133(1) of\nthe Bankruptcy Act 1966 (Cth) or section 568(1) of the Corporations\nAct 2001 (Cth), the residue of the money mentioned in\nsubsection (2)(g) must be paid into the court.\n","sortOrder":95},{"sectionNumber":"94","sectionType":"section","heading":"Provisions as to exercise of power of sale","content":"94 Provisions as to exercise of power of sale\n(1) The power of sale conferred by this Act may be exercised by any\nperson entitled to receive and give a discharge for the mortgage\nmoney.\n(2) The power of sale conferred by this Act does not affect the right of\nforeclosure.\n(3) Subject to section 90, the mortgagee is not answerable for any\ninvoluntary loss that happens in connection with the exercise or\nexecution of:\n(a) the power of sale conferred by this Act;\n(b) a trust relating to the sale of the mortgaged property; or\n(c) a power or provision contained in the instrument of mortgage\nthat relates to the exercise of the power of sale.\n(4) At any time after the power of sale conferred by this Act has\nbecome exercisable, the person entitled to exercise the power may\ndemand and recover from another person, who is not a person who\nhas an interest in the mortgaged property in priority to the first-\nmentioned person's mortgage, all the deeds and documents\nrelating to the property or to the title to the property which a\npurchaser under the power of sale would be entitled to demand and\nrecover from the other person.\n","sortOrder":96},{"sectionNumber":"95","sectionType":"section","heading":"Mortgagee's receipts discharges etc.","content":"95 Mortgagee's receipts discharges etc.\n(1) The written receipt of a mortgagee is sufficient discharge for:\n(a) any money realised under the exercise of the power of sale\nconferred by this Act; or\n(b) any money or securities secured by the mortgagee's\nmortgage,\n\nLaw of Property Act 2000 62\nand a person paying or transferring the money or securities to the\nmortgagee is not to be concerned to inquire whether any money\nremains due under the mortgage or to see to the application of the\nmoney or securities paid or transferred.\n(2) Money received by a mortgagee under a mortgage or from the\nproceeds of securities comprised in the mortgage are to be applied\nin the like manner as if it was money received by the mortgagee\narising from a sale under the power of sale conferred by this Act\nexcept that the costs, charges and expenses payable are to be the\ncosts, charges and expenses properly incurred in recovering and\nreceiving the money or securities and in converting securities into\nmoney instead of those incurred as incident to sale.\n","sortOrder":97},{"sectionNumber":"96","sectionType":"section","heading":"Appointment, powers, remuneration and duties of receiver","content":"96 Appointment, powers, remuneration and duties of receiver\n(1) A mortgagee who is entitled to appoint a receiver must not appoint\na receiver:\n(a) until the mortgagee has become entitled to exercise the power\nof sale conferred by an Act; and\n(b) unless by writing.\n(2) A receiver is to be taken to be the agent of the mortgagor and the\nmortgagor alone is responsible for the receiver's acts or defaults\nunless the instrument of mortgage provides otherwise.\n(3) A person paying money to the receiver is not to be concerned to\ninquire whether the receiver is authorised to act.\n(4) A mortgagee may, by writing, remove the receiver and appoint a\nnew receiver.\n","sortOrder":98},{"sectionNumber":"97","sectionType":"section","heading":"Exercise of mortgagee's right of foreclosure","content":"97 Exercise of mortgagee's right of foreclosure\nA mortgagee may not exercise the mortgagee's right of foreclosure\nunless the mortgagee does so in accordance with this Division or\nsection 72 of the Land Title Act 2000.\n","sortOrder":99},{"sectionNumber":"98","sectionType":"section","heading":"Sale by Registrar-General","content":"98 Sale by Registrar-General\n(a) a mortgagor has defaulted in paying the principal money or\ninterest and the default has continued for at least 6 months;\n\nLaw of Property Act 2000 63\n(b) notice requiring payment of the amount that constitutes the\ndefault has been served on the mortgagor in accordance with\nsection 89(1)(a);\n(c) the mortgagee has, within the immediately preceding 2 years,\nexercised the mortgagee's power of sale and offered the\nproperty for sale at public auction;\n(d) the amount of the highest bid at the auction was less than the\namount of money owing to the mortgagee and the costs,\ncharges and expenses incident to that exercise of the power\nof sale;\n(e) notice in writing of the mortgagee's intention to apply for an\norder for foreclosure has been served on the mortgagor and\neach person who has a registered interest in the mortgaged\nproperty subsequent to the interest of the mortgagee,\nthe mortgagee may, in a form approved by the Registrar-General,\napply to the Registrar-General to offer the mortgaged property for\nsale by private contract.\n(2) On receiving an application under subsection (1), the Registrar-\nGeneral must publish once in each of 3 successive weeks a notice\nin a newspaper circulating in Darwin and, if the mortgaged property\nis outside Darwin, in a newspaper circulating in the district where\nthe property is located offering the property for sale by private\n(3) The Registrar-General's notice is to specify the date after which the\nmortgagee may apply to the Court for an order for foreclosure if the\nproperty does not sell.\n(4) The date is to be at least one month after the date of the edition of\nthe newspaper in which the notice is first published.\n(5) The mortgaged property is not to be sold under this section unless\nits sale will realise an amount equal to or more than the amount of\nmoney owing to the mortgagee and the costs, charges and\nexpenses incident to the sale, including the costs and expenses\nincurred by the Registrar-General.\n(6) Subject to this section, sections 91, 92, 93, 94 and 95 apply to the\nextent necessary to and in relation to a sale of mortgaged property\nunder this section as if a reference in those sections to a mortgagee\nexercising his or her power of sale of a mortgaged property were a\nreference to the Registrar-General selling a mortgaged property\nunder this section.\n\nLaw of Property Act 2000 64\n","sortOrder":100},{"sectionNumber":"99","sectionType":"section","heading":"Order for foreclosure","content":"99 Order for foreclosure\n(a) the Registrar-General has published a notice under\nsection 98(2) offering the property for sale by private contract;\n(b) the date specified in the Registrar-General's notice has\npassed; and\n(c) the mortgaged property has not sold,\nthe mortgagee may apply to the Court for an order for foreclosure.\n(2) Before making the order for foreclosure the Court must:\n(a) be satisfied that:\n(i) the mortgagor has defaulted in paying the principal\nmoney or interest and the default has continued for at\nleast 6 months;\n(ii) notice requiring payment of the amount that constitutes\nthe default has been served on the mortgagor in\naccordance with section 89(1)(a);\n(iii) the mortgagee has, within 2 years before making the\napplication to the Registrar-General under section 98(1),\nexercised the mortgagee's power of sale and offered the\nproperty for sale at public auction;\n(iv) the amount of the highest bid at the auction was less\nthan the amount of money owing to the mortgagee and\nthe costs, charges and expenses incident to the sale;\n(v) notice in writing of the mortgagee's intention to apply for\nan order for foreclosure has been served on the\nmortgagor and each person who has a registered\ninterest in the mortgaged property subsequent to the\ninterest of the mortgagee;\n(vi) the Registrar-General has published a notice under\nsection 98(2) offering the property for sale by private\ncontract;\n(vii) the date specified in the Registrar-General's notice has\npassed; and\n(viii) the mortgaged property has not sold;\n\nLaw of Property Act 2000 65\n(b) determine the market value of the mortgaged property;\n(c) determine the market value of each registered interest in the\nmortgaged property that has priority to the interest of the\nmortgagee; and\n(d) determine the value of each registered interest in the\nmortgaged property subsequent to the interest of the\nmortgagee that represents the proportion that the value of that\ninterest is in relation to the amount of the market value of the\nmortgaged property less the money owing to the mortgagee,\nthe amount of the market value of any prior registered\ninterests and the costs, charges and expenses of the\nmortgagee in exercising the mortgagees right of foreclosure\nand selling the property; and\n(e) identify any other interests in the mortgaged property.\n(3) On complying with subsection (2), the Court:\n(a) may make the order for foreclosure; and\n(b) if the Court makes the order for foreclosure:\n(i) must make the orders it considers just to ensure that the\nmortgagee will either pay to each person who has a\nregistered subsequent interest the amount representing\nthe value of the interest established by the Court under\nsubsection (2)(d) or offer the person security for the\nrepayment of that amount; and\n(ii) must make the orders it considers just in relation to the\nother interests in the mortgaged property and the\npayment of the costs, charges and expenses of the\nmortgagee in exercising the mortgage's right of\nforeclosure.\n","sortOrder":101},{"sectionNumber":"100","sectionType":"section","heading":"Effect of order for foreclosure","content":"100 Effect of order for foreclosure\nOn the registration of an order for foreclosure, the mortgaged\nproperty vests in the mortgagee free of all of the interest of the\nmortgagor, including all right and equity of redemption, and any\nother person's interest in the property other than:\n(a) a lease, easement or restrictive covenant to which the\nmortgagee has consented in writing or to which the mortgagee\nis a party; or\n(b) a mortgage, statutory charge, easement or other right that is\nbinding on the mortgagee.\n\nLaw of Property Act 2000 66\n","sortOrder":102},{"sectionNumber":"101","sectionType":"section","heading":"Co-existing rights of mortgagee under prior mortgage","content":"101 Co-existing rights of mortgagee under prior mortgage\n(1) In this section, prior mortgagee means a mortgagee who is\nentitled to the benefit of a mortgage that has priority over the\nmortgage in respect of which the mortgagee exercises his or her\nright of foreclosure.\n(2) Until an order for foreclosure is registered, a prior mortgagee of the\nproperty the subject of the order has the same rights and remedies\nat law and in equity that the prior mortgagee would have had if the\nlegal estate in the property was vested in the prior mortgagee and\nthe mortgagor had a right of quiet enjoyment of the property for as\nlong as the mortgagor does not default in the payment of an\namount of principal money or interest or in the observance or\nfulfilment of another provision contained in the mortgage document\nor implied by this or another Act.\n(3) Nothing in this section:\n(a) affects the right of a prior mortgagee to exercise the\nmortgagee's right of foreclosure in accordance with this\nDivision;\n(b) until the registration of an order for foreclosure – has the effect\nof making a prior mortgagee of property the subject of the\norder that is leased land liable for the payment of rent under\nthe lease or the observance or fulfilment of any other term of\nthe lease; and\n(c) affects the rights or liabilities of a prior mortgagee after the\nregistration of the order for foreclosure.\n","sortOrder":103},{"sectionNumber":"102","sectionType":"section","heading":"Application of Division","content":"102 Application of Division\n(1) This Division applies:\n(a) to mortgages made before and after the commencement of\n(b) only in respect of a mortgagor's default in the payment of\nprincipal money or interest that occurs after the\n(2) To avoid doubt, on the commencement of this Act sections 140,\n141 and 142 of the Real Property Act 1886, as in force immediately\nbefore the commencement of the Land Title Act 2000, continue to\napply in respect of a mortgagor's default in the payment of principal\nmoney or interest that occurs before the commencement of that\nAct.\n\nLaw of Property Act 2000 67\n","sortOrder":104},{"sectionNumber":"103","sectionType":"section","heading":"Effect of advance on joint account","content":"103 Effect of advance on joint account\n(a) in a mortgage or an obligation for payment of money, or a\ntransfer of the mortgage or obligation, the sum or a part of the\nsum advanced or owing is expressed to be advanced by or\nowing to one or more persons out of money or as money\nbelonging to them on a joint account; or\n(b) a mortgage or an obligation for the payment of money, or a\ntransfer of the mortgage or obligation, is made to one or more\npersons jointly,\nthe mortgage money or other money or money's worth due to those\npersons on the mortgage or obligation, is, as between them and the\nmortgagor or obligor, to be taken to be and to remain money or\nmoney's worth belonging to those persons on a joint account.\n(2) Despite any notice to the payer of a severance of the joint account,\nthe receipt in writing of the survivors or last survivor of the persons\nreferred to in subsection (1), or of the personal representative of the\nlast survivor, is a complete discharge for all money or money's\nworth.\n(a) applies only to mortgages made or obligations created after\nthe commencement of this Act;\n(b) applies only to the extent that a contrary intention is not\nexpressed in a mortgage, obligation or transfer of a mortgage\nor obligation; and\n(c) has effect subject to the terms of the mortgage, obligation or\ntransfer.\n(3) If a mortgage is registered under an Act and that Act provides for\nregistration of a record of death or of a record of transmission by or\non death, this section has effect only if the record is registered as\nprovided by that Act.\n","sortOrder":105},{"sectionNumber":"104","sectionType":"section","heading":"Obligation to transfer instead of discharging mortgage","content":"104 Obligation to transfer instead of discharging mortgage\n(1) If a mortgagor is entitled to redeem, the mortgagor has power to\nrequire the mortgagee, instead of discharging, to transfer the\nmortgage to a third person (as the mortgagor directs) on the terms\non which the mortgagee would be bound to discharge.\n\nLaw of Property Act 2000 68\n(2) The mortgagee must comply with the requirement of the mortgagor.\n(3) The right of the mortgagor conferred by this section belongs to and\nis capable of being enforced by each mortgagee or the mortgagor\ndespite any intermediate mortgage, but a requisition of a mortgagee\nprevails over a requisition of the mortgagor and a requisition of a\nprior mortgagee prevails over a requisition of a subsequent\n(4) This section does not apply:\n(a) in the case of a mortgagee being or having been in\npossession; or\n(b) in the case of a mortgage which contains:\n(i) a valid and enforceable covenant or condition in favour\nof the mortgagee in restraint of the trade or business of\nthe mortgagor; or\n(ii) any other collateral benefit or advantage in favour of the\n(5) This section:\n(b) has effect despite any term of a mortgage to the contrary.\n","sortOrder":106},{"sectionNumber":"105","sectionType":"section","heading":"Relief against provision for acceleration of payment","content":"105 Relief against provision for acceleration of payment\n(1) If default has taken place:\n(a) in the payment of an instalment of principal or interest due\nunder a mortgage; or\n(b) in the observance of a covenant or obligation in a mortgage,\nand under the terms of the mortgage an accelerated sum may or\nhas because of the default or of the exercise on default of an option\nor election conferred by the mortgage become due and payable,\nthe mortgagor is entitled to relief under this section.\n(2) A mortgagor who, at any time before sale by the mortgagee or\nbefore the commencement of proceedings to enforce the rights of\nthe mortgagee:\n(a) performs the covenant or obligation in respect of which default\nhas taken place; or\n\nLaw of Property Act 2000 69\n(b) tenders to the mortgagee, who accepts payment of, the\namounts of the instalment in respect of which default has\ntaken place and the reasonable expenses incurred by the\nmortgagee,\nis relieved from the consequences of the default.\n(3) A mortgagor who, in any proceedings brought to enforce the rights\nof the mortgagee or brought by the mortgagor:\n(a) gives an undertaking to the Court to perform a covenant or an\nobligation; or\n(b) tenders or pays into Court the amount of an instalment;\nin respect of which default has taken place, may apply to the Court\nfor relief from the consequences of the default.\n(4) If a mortgagor makes an application for relief, the Court may grant\nor refuse relief as the Court having regard to the conduct of the\nparties and all other circumstances thinks just and, in doing so, may\nstay any proceedings brought by the mortgagee or otherwise or\nmay grant relief on the terms it thinks just including the payment of\nany reasonable expenses of the mortgagee and the payment of\ncosts.\n(5) If in granting relief under subsection (4) the Court has stayed\nproceedings for the enforcement of the rights of the mortgagee, the\nCourt may, on application, remove the stay of proceedings if the\nmortgagor defaults in carrying out an undertaking referred to in\nsubsection (3).\n(b) applies only to a default occurring after the commencement of\n(c) has effect despite any term of a mortgage to the contrary.\n(7) In this section, accelerated sum means the whole or part of\nprincipal or interest secured by a mortgage other than an instalment\nreferred to in subsection (1)(a).\n\nLaw of Property Act 2000 70\n","sortOrder":107},{"sectionNumber":"106","sectionType":"section","heading":"Mortgagee accepting interest on overdue mortgage not to call","content":"106 Mortgagee accepting interest on overdue mortgage not to call\nup without notice\n(a) the mortgagor has made default in payment of the principal\nsum at the expiry of the term of the mortgage or a period for\nwhich it has been renewed or extended;\n(b) the mortgagee has accepted payment of interest on the sum\nfor a period of not less than 3 months after the default was\nmade; and\n(c) the mortgagor continues to perform and observe all covenants\nexpressed or implied in the mortgage other than the covenant\nfor payment of the principal sum,\nthe mortgagee is not entitled to:\n(d) take proceedings to compel payment of the sum or for\nforeclosure;\n(e) enter into possession; or\n(f) exercise a power of sale,\nwithout giving to the mortgagor not less than 30 days notice of the\nmortgagee's intention to do so.\n(2) No purchaser from a mortgagee exercising the mortgagee's power\nof sale is to be concerned to inquire whether the mortgagee has\naccepted interest because of a default referred to in subsection (1).\n(b) applies only if default has occurred after the commencement\n(c) has effect despite any term of a mortgage to the contrary.\n","sortOrder":108},{"sectionNumber":"107","sectionType":"section","heading":"Interest of mortgagor not seizable on judgment for mortgage","content":"107 Interest of mortgagor not seizable on judgment for mortgage\ndebt\n(1) If a court gives judgment in favour of a creditor for a debt secured\nby mortgage, the interest of the mortgagor in the mortgaged\nproperty is not to be taken in execution of the judgment.\n\nLaw of Property Act 2000 71\n(a) to the execution of a judgment given before or after the\n(b) despite any term of a mortgage to the contrary.\n","sortOrder":109},{"sectionNumber":"108","sectionType":"section","heading":"Abolition of consolidation of mortgages","content":"108 Abolition of consolidation of mortgages\n(1) A mortgagor seeking to redeem a mortgage is entitled to do so\nwithout paying any money due under another mortgage (whether\nmade by the mortgagor or a person through whom the mortgagor\nclaims) of property not subject to the mortgage which the mortgagor\nseeks to redeem.\n(2) This section:\n(a) has effect despite any term of a mortgage to the contrary; and\n(b) applies only if the mortgages referred to in subsection (1) are,\nor one of them is, made after the commencement of this Act.\n","sortOrder":110},{"sectionNumber":"109","sectionType":"section","heading":"Sale of mortgaged property in proceedings for redemption or","content":"109 Sale of mortgaged property in proceedings for redemption or\nforeclosure\n(1) If a person who is entitled to redeem mortgaged property\ncommences proceedings for redemption alone, for sale alone, or for\nsale or redemption in the alternative, the Court may make an order\nfor sale instead of redemption.\n(2) In proceedings for foreclosure, redemption, sale or for the raising\nand payment in any manner of mortgage money, the Court may, on\nthe request of the mortgagee or a person interested either in the\nmortgage money or in the right of redemption, direct a sale of the\nmortgaged property on the terms, subject to subsection (4), as it\nthinks just, including the deposit in the Court of a reasonable sum\nfixed by the Court to meet the expenses of sale and to secure\nperformance of the terms.\n(3) Subsection (2) applies:\n(a) despite:\n(i) the dissent of a person other than a person referred to in\nthat subsection to the sale of the mortgaged property; or\n(ii) that the mortgagee or person interested in the mortgage\nmoney or the right of redemption does not appear in the\nproceedings; and\n\nLaw of Property Act 2000 72\n(b) without requiring the Court to allow time for redemption or for\npayment of any mortgaged money.\n(4) In proceedings brought by a person interested in the right of\nredemption and seeking a sale, the Court may:\n(a) on the application of a defendant – direct the plaintiff to give\nsecurity for costs as the Court thinks just;\n(b) give the conduct of the sale to a defendant; and\n(c) give the directions it thinks just in respect of the costs of a\ndefendant.\n(5) In any case where this section applies, the Court may:\n(a) direct a sale without previously determining the priorities of\nencumbrancees;\n(b) make an order in favour of a purchaser:\n(i) vesting the mortgaged property; or\n(ii) appointing a person to convey the property, whether or\nnot subject to an encumbrance; or\n(c) in the case of an equitable mortgage, create and vest a legal\ninterest in the mortgagee to enable the mortgagee to carry out\na sale of the mortgaged property as if the mortgage had been\nmade by deed or instrument by way of legal mortgage.\n(6) This section applies to actions brought before or after the\n(7) In this section, mortgaged property includes the interest which a\nmortgagee would have power to convey if the mortgagee was\nexercising the power of sale conferred by this Act.\n","sortOrder":111},{"sectionNumber":"110","sectionType":"section","heading":"Realisation of equitable charges by the Court","content":"110 Realisation of equitable charges by the Court\n(1) If an order for sale is made by the Court in relation to an equitable\nmortgage of land, the Court may, in favour of a purchaser, make an\norder:\n(a) vesting the land;\n(b) appointing a person to convey the land; or\n(c) creating and vesting in the mortgagee a legal interest in the\nland to enable the mortgagee to carry out the sale,\n\nLaw of Property Act 2000 73\nin like manner as if the mortgage had been created by instrument or\ndeed by way of legal mortgage, but without prejudice to an\nencumbrance having priority to the equitable mortgage unless the\nencumbrancee consents to the sale.\n(2) This section applies to equitable mortgages made or arising before\nor after the commencement of this Act.\n","sortOrder":112},{"sectionNumber":"111","sectionType":"section","heading":"Payment of mortgage money to Public Trustee in case of","content":"111 Payment of mortgage money to Public Trustee in case of\nabsent or unknown mortgagees\n(1) The Public Trustee may receive money on behalf of a mortgagee or\nthe estate of a mortgagee who:\n(a) is dead;\n(b) cannot be found; or\n(c) is incapable of executing a discharge of the mortgage.\n(2) The Public Trustee may require a person at whose instance the\nPublic Trustee proposes to exercise the Public Trustee's power\nunder subsection (1) to undertake to indemnify the Public Trustee in\nrespect of the costs or liabilities incurred in connection with or by\nreason of the exercise of the power.\n(3) Money received by the Public Trustee under subsection (1) is:\n(a) for the purposes of the mortgage and section 112, to be taken\nto have been paid to the mortgagee; and\n(b) to be held by the Public Trustee on trust for the mortgagee or\nother person entitled to the money.\n","sortOrder":113},{"sectionNumber":"112","sectionType":"section","heading":"Discharge of mortgage by Public Trustee","content":"112 Discharge of mortgage by Public Trustee\n(1) If all the money secured by a mortgage has been paid by the\nmortgagor, and the mortgagee:\n(a) is dead;\n(b) cannot be found; or\n(c) is incapable of executing a discharge of the mortgage,\nthe Public Trustee may execute a discharge of the mortgage.\n(2) The Public Trustee may require a person at whose instance the\nPublic Trustee proposes to exercise his or her power under\nsubsection (1) to undertake to indemnify the Public Trustee in\nrespect of the costs or liabilities incurred in connection with or by\n\nLaw of Property Act 2000 74\nreason of the exercise of the power.\n(3) A discharge executed under subsection (1) has the same effect as\na discharge executed by the mortgagee except that it is not to\noperate as a discharge of the personal covenants of the mortgage.\n(4) In the case of a mortgage to secure contingent liabilities or to\nsecure both the payment of money and contingent liabilities, the\nreference in subsection (1) to all the money secured by a mortgage\nthat has been paid is or includes (as the case requires) a reference\nto any of those contingencies that have become incapable of\noccurring.\n","sortOrder":114},{"sectionNumber":"113","sectionType":"section","heading":"Subsequent mortgagees may redeem prior mortgages etc.","content":"113 Subsequent mortgagees may redeem prior mortgages etc.\n(1) If the money secured by a mortgage falls due and the mortgagee\nrequires payment of the money, it is lawful for any other mortgagee\nof the same property to tender and pay to the mortgagee requiring\nthe payment the money due on the mortgage.\n(2) On the payment of money under subsection (1), the mortgagee\nmaking the payment is entitled to a transfer of the interest of the\nmortgagee requiring the payment.\n","sortOrder":115},{"sectionNumber":"114","sectionType":"section","heading":"This Part applies subject to Housing Act 1982, Business","content":"114 This Part applies subject to Housing Act 1982, Business\nTenancies (Fair Dealings) Act 2003 and Residential Tenancies\nAct 1999\n(1) If a provision of or under this Part and a provision of or under the\nHousing Act 1982, the Business Tenancies (Fair Dealings)\nAct 2003 or the Residential Tenancies Act 1999 are capable of\napplying to or in relation to a lease or tenancy, the provision of or\nunder the Housing Act 1982, Business Tenancies (Fair Dealings)\nAct 2003 or the Residential Tenancies Act 1999 applies, and the\nprovision of or under this Part does not apply, to or in relation to the\nlease or tenancy.\n(2) To avoid doubt:\n(a) sections 115, 120, 121, 122, 123(1), (2) and (5), 124, 125,\n126, 127, 128, 129, 130, 131, 132, 133, 135, 139, 140, 141,\n142 and 143 apply to tenancies within the meaning of the\nResidential Tenancies Act 1999;\n\nLaw of Property Act 2000 75\n(b) sections 116, 117, 118, 119, 123(3) and (4), 134, 137, 144,\n145, 146, 147, 148, 149, 150, 151 and 152 do not apply to\ntenancies within the meaning of the Residential Tenancies\nAct 1999;\n(c) sections 115, 116, 117, 118, 119, 120, 121, 122, 123, 124,\n125, 126, 127, 128, 129, 130, 131, 132, 133, 134, 135, 139,\n140, 141, 142, 143 and 151 apply to leases within the\nmeaning of the Business Tenancies (Fair Dealings) Act 2003;\nand\n(d) sections 137, 144, 145, 146, 147, 148, 149 and 150 do not\napply to leases within the meaning of the Business Tenancies\n(Fair Dealings) Act 2003.\n","sortOrder":116},{"sectionNumber":"115","sectionType":"section","heading":"Abolition of interesse termini as to reversionary leases and","content":"115 Abolition of interesse termini as to reversionary leases and\nleases for lives\n(1) The doctrine of interesse termini is abolished.\n(2) On the commencement of this Act, all terms of years absolute are,\nwhether the interest is created before or after that commencement,\ncapable of taking effect at law or in equity, according to the interest\nor powers of the grantor, from the date fixed for commencement of\nthe term without actual entry.\n(3) On the commencement of this Act, a term at a rent or granted in\nconsideration of a fine that is limited to take effect more than\n21 years from the date of the instrument purporting to create it is\nvoid.\n(4) A contract made after the commencement of this Act for the\npurpose of creating a term referred to in subsection (3) is void.\n(5) Subsections (3) and (4) do not apply to a term that:\n(a) takes effect in equity under a settlement; or\n(b) is created out of an equitable interest under a settlement or\nunder an equitable power for mortgage, indemnity or other like\npurpose.\n(6) Nothing in subsections (1) and (2):\n(a) prejudicially affects the right of a person to:\n(i) recover rent; or\n\nLaw of Property Act 2000 76\n(ii) enforce or take advantage of any covenants or\nconditions; or\n(b) in the case of terms or interests created before the\ncommencement of this Act – operates to vary statutory or\nother obligations imposed in respect of those terms or\ninterests.\n(7) The rule of law that a legal term, whether or not being a mortgage\nterm, may be created to take effect in reversion expectant on a\nlonger term is confirmed and nothing in this Act affects the\noperation of that rule.\n(8) In this section term of years includes:\n(a) a term for less than a year;\n(b) a term for a year, or years, and a part of a year; and\n(c) a term from year to year.\n","sortOrder":117},{"sectionNumber":"116","sectionType":"section","heading":"Voluntary waste","content":"116 Voluntary waste\n(1) A lessee must not commit voluntary waste.\n(2) Nothing in subsection (1):\n(a) applies to a lease without impeachment of waste; or\n(b) affects a licence or other right to commit waste.\n(3) A lessee who contravenes or fails to comply with subsection (1) is\nliable in damages to the reversioner but this section imposes no\ncriminal liability.\n(4) This section does not affect the manner in which a tenancy at will\nmay be determined.\n","sortOrder":118},{"sectionNumber":"117","sectionType":"section","heading":"Obligations of lessee","content":"117 Obligations of lessee\n(1) Subject to this Act, unless otherwise agreed there is, in every lease\nof land made after the commencement of this Act, implied the\nfollowing obligations by the lessee with the lessor:\n(a) that the lessee will pay the rent reserved at the time\nmentioned in the lease;\n(b) that, if during the term of the lease and as often as it occurs,\nthe leased premises or a part of the leased premises are\ndestroyed or damaged by fire (without fault on the part of the\nlessee), flood, lightning, storm, or tempest so that the\n\nLaw of Property Act 2000 77\npremises is rendered unfit for the occupation and use of the\nlessee, the rent reserved, or a proportionate part of the rent\naccording to the nature and extent of the damage sustained,\nabates and all remedies for recovery of the rent or the part of\nthe rent are suspended until the leased premises is rebuilt or\nmade fit for the occupation and use of the lessee;\n(c) that the lessee is to, at all times during the term of the lease,\nkeep and, at the termination of the lease, yield up the leased\npremises in good and tenantable repair having regard to their\ncondition at the commencement of the lease, damage from\nfire, flood, lightning, storm and tempest and from reasonable\nwear and tear being excepted.\n(2) The obligation specified in subsection (1)(c) is not implied in the\ncase of a short lease of premises for the purpose, or principally for\nthe purpose, of human habitation.\n(3) In the case of a lease by deed, an obligation implied by this section\ntakes effect as a covenant.\n","sortOrder":119},{"sectionNumber":"118","sectionType":"section","heading":"Obligations in short leases","content":"118 Obligations in short leases\n(1) In a lease of premises that is a short lease there is an obligation:\n(a) on the part of the lessor of premises leased for the purpose, or\nprincipally for the purpose, of human habitation – to provide\nand maintain the premises, or the part of the premises that is\nlet for that purpose, in a condition reasonably fit for human\nhabitation; and\n(b) on the part of the lessee:\n(i) to care for the leased premises in the manner of a\nreasonable tenant; and\n(ii) to repair damage caused by the lessee or by persons\ncoming on the premises with the lessee's permission.\n(a) to leases made after the commencement of this Act; and\n(b) despite anything in this Act or any term of an agreement to the\ncontrary.\n\nLaw of Property Act 2000 78\n","sortOrder":120},{"sectionNumber":"119","sectionType":"section","heading":"Powers of lessor","content":"119 Powers of lessor\n(1) Unless otherwise agreed, there is in every lease of land made after\nthe commencement of this Act implied the following powers in the\nlessor:\n(a) that the lessor may, by the lessor or the lessor's agents,\nduring the term of the lease at a reasonable time of the day,\non giving to the lessee 2 days previous notice in writing of the\nlessor's intention to do so, enter on the leased premises and\nview the state of repair of the leased premises, and may serve\non the lessee, or leave at the lessee's last known place of\nresidence in the Territory or on the leased premises, a notice\nin writing of a defect requiring the lessee, within a reasonable\ntime, to repair the defect in accordance with the covenants or\nobligations expressed or implied in the lease;\n(b) that, if the lessee fails to repair a defect in accordance with a\nnotice under paragraph (a), the lessor may enter the leased\npremises and execute the required repair or repairs;\n(c) that the lessor may, by the lessor or the lessor's agents, at all\nreasonable times during the term of the lease, with\nworkpersons and others and all necessary materials and\nappliances, enter the leased premises or a part of them for the\npurpose of:\n(i) complying with an Act or an instrument of a legislative or\nadministrative character affecting the premises, or a\nnotice served on the lessor or lessee by a licensing\nbody, a local government body or any other competent\nauthority, involving the removal or destruction of noxious\nweeds or animals or the carrying out of repairs,\nalterations or works of a structural character which the\nlessee may not be bound, or if bound may fail, to do; or\n(ii) exercising the powers and authorities of the lessor under\nthe lease;\n(d) that, subject to section 137, if:\n(i) the rent or a part of it is in arrears for not less than one\nmonth (although no formal demand has been made for\nits payment); or\n(ii) default is made in the fulfilment of a covenant, obligation,\ncondition, or other term of the lease, expressed or\nimplied, to be performed or observed on the part of the\nlessee, and continues for not less than 2 months, or the\nrepairs required by a notice under paragraph (a) are not\n\nLaw of Property Act 2000 79\ncompleted within the time specified in the notice,\nthe lessor may re-enter the leased premises (or a part of the\npremises in the name of the whole) and determine the estate\nof the lessee in the premises.\n(2) The removal or destruction of noxious weeds or animals or the\nrepairs, alterations, and works referred to in subsection (1)(c) are to\nbe carried out by the lessor without undue interference with the\noccupation and use of the leased premises by the lessee.\n(3) The operation of subsection (1)(d) does not exempt the lessee from\nliability in respect of the breach or non-observance of a covenant,\nobligation, condition or other term referred to in that paragraph.\n","sortOrder":121},{"sectionNumber":"120","sectionType":"section","heading":"Short forms of covenants and obligations of lessees","content":"120 Short forms of covenants and obligations of lessees\n(1) If a lease that expressly refers to Schedule 2 contains a form of\nwords specified in Column 1 of the Schedule, the form of words is\nto be taken to imply and to be read as implying in the lease the\nobligation by the lessor or lessee with the lessee or lessor, as the\ncase may be, specified opposite the form of words in Column 2 of\nthe Schedule.\n(2) A form of words specified in Column 1 of Schedule 2 may be\nvaried, qualified or made subject to a limitation by the addition or\nomission of words.\n(3) If a lease contains a form of words specified in Column 1 of\n","sortOrder":122},{"sectionNumber":"Sch 2","sectionType":"schedule","heading":"that is varied, qualified or subject to a limitation, the","content":"Schedule 2 that is varied, qualified or subject to a limitation, the\nwords that would give effect to the variation, qualification or\nlimitation are to be taken to be added to or omitted from the\nobligation specified opposite in Column 2 of the Schedule and the\nobligation is to be read as if it were varied, qualified or limited in the\ncorresponding manner.\n(4) In the case of a lease by deed, an obligation implied by this section\ntakes effect as a covenant.\n(5) This section applies only to leases made after the commencement\nof this Act.\n","sortOrder":123},{"sectionNumber":"121","sectionType":"section","heading":"Cases in which statutory obligations or powers not implied","content":"121 Cases in which statutory obligations or powers not implied\nIf on the face of a lease it appears that a form of words contained in\nColumn 1 of Schedule 2 has been struck out, sections 117 and 120\ndo not apply to imply in the lease the obligation specified opposite\nthe form of words in Column 2 of the Schedule.\n\nLaw of Property Act 2000 80\n","sortOrder":124},{"sectionNumber":"122","sectionType":"section","heading":"Lessee to give notice of ejectment to lessor","content":"122 Lessee to give notice of ejectment to lessor\n(1) A lessee:\n(a) to whom there is delivered a writ, originating summons or\nother process for the recovery of premises leased to or held\nby the lessee; or\n(b) who knows that a writ, originating summons or other process\nfor the recovery of the premises has been served,\nmust immediately give notice to the lessor or the lessor's agent of\nthe delivery or service of the process.\n(2) If the lessee fails to give notice to the lessor or lessor's agent under\nsubsection (1), the lessee is liable to the person from whom the\nlessee holds the land for any damages sustained by the person\nbecause of the lessee's failure to give notice.\n(3) Damages recoverable under subsection (2) may be recovered by\nproceedings in a court of competent jurisdiction.\n","sortOrder":125},{"sectionNumber":"123","sectionType":"section","heading":"Provisions as to covenants to repair","content":"123 Provisions as to covenants to repair\n(1) Subject to subsection (2), damages for breach of a covenant,\nobligation or agreement, whether express or implied or general or\nspecific, to:\n(a) keep or put premises in good repair during the currency of a\nlease; or\n(b) leave or put premises in good repair at the termination of a\nlease,\nare not to exceed the amount (if any) by which the value of the\nreversion (whether immediate or not) in the premises is diminished\nowing to the breach of the covenant, obligation or agreement.\n(2) Damages are not recoverable for a breach of a covenant, obligation\nor agreement to leave or put premises in good repair at the\ntermination of a lease if it is shown that at or shortly after the\ntermination of the lease:\n(a) the premises, in whatever state of repair they might be, would\nbe or have been pulled down; or\n(b) structural alterations would be or have been made to the\npremises that would render valueless the repairs covered by\nthe covenant, obligation or agreement.\n\nLaw of Property Act 2000 81\n(3) A right of re-entry or forfeiture for a breach of a covenant, obligation\nor agreement referred to in subsection (1) or (2) is not enforceable\nunless the lessor proves that:\n(a) a notice has been served on the lessee in accordance with\nsection 137 and the service of the notice was known at the\ntime of or shortly after the service of the notice by:\n(i) the lessee;\n(ii) an under-lessee holding under an under-lease which\nreserved a nominal reversion only to the lessee; or\n(iii) the person who last paid the rent due under the lease\neither on the person's own behalf or as agent for the\nlessee or under-lessee; and\n(b) a period of time reasonably sufficient to enable the execution\nof the repairs has lapsed from the time when the fact of the\nservice of the notice became known to the lessee, under-\nlessee or person and the exercise of the right of re-entry or\nforfeiture.\n(4) If a notice referred to in subsection (3)(a) is sent by post in a\nregistered letter addressed to a person at the person's last known\nplace of residence in or out of the Territory and the letter is not\nreturned through the post office undelivered, the person is, for the\npurposes of that provision, unless the contrary is proven, to be\ntaken to have had knowledge of the fact that the notice had been\nserved from the time when the letter would have been delivered in\nthe ordinary course of post.\n(5) This section applies to leases whether created before or after the\n","sortOrder":126},{"sectionNumber":"124","sectionType":"section","heading":"No seizures of goods to recover unpaid rent","content":"124 No seizures of goods to recover unpaid rent\n(1) If, on the commencement of this Act, a lessee is in arrears with the\nrent, the lessor is not entitled to enter onto the leased premises and\nseize goods of the lessee for the purpose of recovering unpaid rent.\n(a) in relation to leases made before or after the commencement\n(b) despite any term of a lease to the contrary.\n\nLaw of Property Act 2000 82\n","sortOrder":127},{"sectionNumber":"125","sectionType":"section","heading":"Abolition of replevin and distress for rent","content":"125 Abolition of replevin and distress for rent\nThe actions of replevin and distress for rent are abolished.\n","sortOrder":128},{"sectionNumber":"126","sectionType":"section","heading":"Head leases may be renewed without surrendering under-","content":"126 Head leases may be renewed without surrendering under-\nleases\n(1) Subject to this section, if:\n(a) a lease is surrendered for the purpose of being renewed; and\n(b) a new lease is granted by the lessor under the surrendered\nlease in respect of the premises held under that lease,\nthe new lease is, without the surrender of the underleases derived\nout of the surrendered lease (if any), as good and valid for all\nintents and purposes as if those underleases had been surrendered\non or before the making of the new lease.\n(2) A person in whom an estate for life or lives or for years is vested\nbecause of the renewal of a lease, or the person's executor or\nadministrator, is entitled to the rents, covenants, obligations and\nduties and has the remedies for the recovery of the rents,\ncovenants, obligations and duties, and the under-lessees (if any)\nhold and enjoy the premises leased under the respective under-\nleases as if the original lease under which the under-leases were\nderived continues to have effect.\n(3) If a lease is renewed, the head landlord is entitled to the same\nremedy of entry in and on the premises comprised in an under-\nlease for the rents and duties reserved by the new lease (so far as\nthose rents and duties do not exceed the rents and duties reserved\nin the lease out of which the under-lease was derived) as the head\nlandlord would have had if the former lease had continued to have\neffect or the under-lease had been renewed under the new lease.\n(4) In the case of a registered lease of registered land, this section has\neffect subject to the Land Title Act 2000.\n","sortOrder":129},{"sectionNumber":"127","sectionType":"section","heading":"Provision as to attornments as to tenants","content":"127 Provision as to attornments as to tenants\n(1) If land is subject to a lease, the:\n(a) conveyance of a reversion in the land expectant on the\ndetermination of the lease; or\n(b) grant or conveyance of a rent charge to issue or issuing out of\nthe land,\n\nLaw of Property Act 2000 83\nis valid without an attornment of the lessee.\n(2) Nothing in subsection (1):\n(a) affects the validity of a payment of rent by the lessee to the\nperson making the conveyance or grant before notice of the\nconveyance or grant is given to the lessee by the person\nentitled under the conveyance or grant; or\n(b) renders the lessee liable for a breach of covenant to pay rent\nbecause of the lessee's failure to pay rent to the person\nentitled to receive the rent under the conveyance or grant\nbefore notice of the conveyance or grant is given to the\n(3) An attornment by the lessee in respect of land to a person claiming\nto be entitled to the interest of the lessor in the land is void unless\nmade with the consent of the lessor.\n(4) Subsection (3) does not apply to an attornment:\n(a) made under an order of a court of competent jurisdiction;\n(b) to a mortgagee by a lessee holding under a lease from the\nmortgagor if the right of redemption is barred; or\n(c) to a person rightfully deriving title under the lessor.\n","sortOrder":130},{"sectionNumber":"128","sectionType":"section","heading":"When reversion on lease is surrendered etc. next estate is to","content":"128 When reversion on lease is surrendered etc. next estate is to\nbe taken to be reversion\n(1) If the reversion expectant on a lease of land is surrendered or\nmerges, the estate that for the time being confers the next vested\nright to the land as against the lessee under the lease is to be taken\nto be the reversion expectant on the lease for the purpose and to\nthe extent of preserving incidents to and obligations on the\nreversion that, but for the surrender or merger of the lease, would\nhave subsisted.\n(2) This section:\n(a) applies to leases made after the commencement of this Act;\n(b) applies to leases made before the commencement of this Act\nthat are surrendered or merge after that commencement; and\n(c) in the case of a registered lease – has effect subject to, and to\nthe extent only that it is consistent with, the provisions of the\n\nLaw of Property Act 2000 84\n","sortOrder":131},{"sectionNumber":"129","sectionType":"section","heading":"Apportionment of conditions on severance","content":"129 Apportionment of conditions on severance\n(1) Despite the:\n(a) severance by conveyance, surrender or otherwise of the\nreversionary estate in land comprised in a lease; or\n(b) avoidance or cesser in any other manner of the term granted\nby a lease as to part only of the land comprised in the lease,\nevery condition or right of re-entry of the lease is to:\n(c) be apportioned;\n(d) remain annexed to the severed parts of the reversionary\nestate; and\n(e) be in force in respect of the term on which each severed part\nis reversionary or the term in the part of the land in respect of\nwhich the term has not been surrendered, avoided or\notherwise ceased,\nin the manner as if the land comprised in each severed part, or in\nrespect of which the term remains subsisting, had alone originally\nbeen comprised in the lease.\n(2) In subsection (1), right of re-entry includes a right to determine the\nlease whether by notice to quit or otherwise.\n(3) If notice to quit leased land is served by a person entitled to a\nsevered part of the reversion that extends to part only of the land,\nthe lessee may, within 1 month of the service of the notice,\ndetermine the lease in relation to the remaining part or parts of the\nland by giving to the owner of the reversionary estate in the\nremaining part or parts of the land a counter notice expiring at the\nsame time as the original notice.\n(4) This section applies to:\n(b) leases made before the commencement of this Act if, after\nthat commencement:\n(i) the reversionary estate in leased land is severed; or\n(ii) there is an avoidance or cesser of the term as to part\nonly of the leased land.\n\nLaw of Property Act 2000 85\n","sortOrder":132},{"sectionNumber":"130","sectionType":"section","heading":"Rent and benefit of lessee's covenants to run with reversion","content":"130 Rent and benefit of lessee's covenants to run with reversion\n(1) Rent reserved by a lease, the benefit of every covenant, obligation\nor term of the lease touching and concerning the land to be\nobserved or performed on the lessee's part and every condition of\nre-entry and other condition contained in the lease is to be annexed\nand incident to and to go with the reversionary estate in the land or\nany part of the reversionary estate in the land immediately\nexpectant on the term granted by the lease.\n(2) Subsection (1) applies despite severance of the reversionary estate\nin the land and without prejudice to any liability affecting a\ncovenantor or the covenantor's estate.\n(3) Any rent, covenant, obligation or term referred to in subsection (1)\nis capable of being recovered, received, enforced and taken\nadvantage of by the person from time to time entitled to the income\nof the whole or a part of the leased land.\n(4) If a person becomes entitled to the income of land by conveyance\nor otherwise, the rent, covenant, obligation or term referred to in\nsubsection (1) may be recovered, received, enforced or taken\nadvantage of by the person even though the person has become\nentitled to the income after the condition of re-entry or forfeiture has\nbecome enforceable.\n(5) Subsection (4) does not render a condition of re-entry or any other\ncondition waived or released enforceable before the person is\nentitled to the income of the land.\n(6) This section applies to:\n(b) leases made before the commencement of this Act if, after\nthat commencement:\n(i) accrued rent is due; or\n(ii) a breach of a covenant, condition, obligation or term of a\nlease is committed and the condition of re-entry or\nforfeiture is enforceable.\n\nLaw of Property Act 2000 86\n","sortOrder":133},{"sectionNumber":"131","sectionType":"section","heading":"Obligation of lessor's covenants to run with reversion","content":"131 Obligation of lessor's covenants to run with reversion\n(1) The obligation under a condition or of a covenant or other obligation\nentered into by a lessor touching and concerning the land:\n(a) is, if and to the extent that the lessor has power to bind the\nreversionary estate immediately expectant on the term\ngranted by the lease, to be annexed and incident to and to go\nwith the reversionary estate; and\n(b) may be taken advantage of and enforced by the person in\nwhom the term is from time to time vested by conveyance,\ndevolution in law or otherwise.\n(2) The obligation referred to in subsection (1) may, if and to the extent\nthat the lessor has power to bind the person from time to time\nentitled to the reversionary estate, be taken advantage of and\nenforced against that person.\n(3) This section applies to:\n(b) a lease made before the commencement of this Act if, after\nthat commencement, a breach of a condition, covenant or\nobligation of the lease is committed.\n(4) This section has effect without prejudice to any liability affecting a\ncovenantor or the covenantor's estate.\n","sortOrder":134},{"sectionNumber":"132","sectionType":"section","heading":"Waiver of covenant etc. in a lease","content":"132 Waiver of covenant etc. in a lease\nIf the waiver by a lessor or a person deriving title under the lessor of\nthe benefit of a covenant, obligation or condition of a lease is\nproven to have taken place in a particular instance, the waiver is\nnot to be taken to:\n(a) extend to an act or omission or matter, or to a breach of a\ncovenant, obligation or condition of the lease, unless the\nwaiver authorises that act, omission, matter or breach; or\n(b) operate as a general waiver by the lessor or person who has\nthe benefit of the covenants, obligations or conditions of the\nlease.\n\nLaw of Property Act 2000 87\n","sortOrder":135},{"sectionNumber":"133","sectionType":"section","heading":"Effect of licences granted to lessee","content":"133 Effect of licences granted to lessee\n(1) Subject to the express terms of a licence that is granted to a lessee\nto do an act, the licence extends only to:\n(a) the permission actually given;\n(b) the specific breach of a term or covenant referred to; or\n(c) any other matter specifically authorised to be done by the\nlicence,\nand the licence does not prevent a proceeding for a subsequent\nbreach unless otherwise specified in the licence.\n(2) Despite the grant of a licence referred to in subsection (1):\n(a) all rights under covenants, obligations and powers of re-entry\nin the lease remain in full force and are available against a\nsubsequent breach of a covenant, obligation, condition or\nother matter not specifically authorised or waived by the\nlicence in the same manner as if no licence had been granted;\nand\n(b) except for and in relation to the particular matter authorised by\nthe licence, the covenant, obligation, condition, other matter or\nright of entry remains in force as if the licence had not been\ngranted.\n(3) If there is a power or condition of re-entry on the lessee assigning,\nsubletting or doing any other specified act without a licence, and a\nlicence is granted to:\n(a) if there is more than one lessee – only one of the lessees to\ndo an act or to deal with the lessee's equitable share or\ninterest; or\n(b) the lessee or, if there is more than one lessee, only one of the\nlessees to assign or underlet part only of the leased premises\nor to do any other act in respect of part only of the leased\npremises,\nthe licence does not operate to extinguish the right of entry for a\nbreach of a covenant, obligation or condition by the co-lessees in\nrespect of the other shares or interests in the premises or by the\nlessee or lessees of any other part or parts of the premises in\nrespect of the other shares or interests or other part or parts of the\npremises, as the case may be.\n\nLaw of Property Act 2000 88\n","sortOrder":136},{"sectionNumber":"134","sectionType":"section","heading":"Provisions as to covenants not to assign etc. without licence","content":"134 Provisions as to covenants not to assign etc. without licence\nor consent\n(1) In a lease that contains a covenant, condition or agreement against\nassigning, underletting, charging or parting with the possession of\nthe premises leased or a part of the premises leased unless a\nlicence or other consent to do so is granted, the covenant, condition\nor agreement:\n(a) despite any express term of the lease to the contrary, is to be\ntaken to be subject:\n(i) to a qualification that has the effect that the licence or\nconsent is not to be unreasonably withheld; and\n(ii) if the lease is for more than 40 years and is made in\nconsideration wholly or partially for the erection or the\nsubstantial improvement, addition or alteration of\nbuildings – to a limitation or qualification that, in the case\nof an assignment, underletting, charging or parting with\nthe possession (whether by the holders of the lease or\nan under-lessee and whether immediate or not) effected\nmore than 7 years before the end of the term, no\nconsent or licence is required if notice in writing of the\ntransaction is given to the lessor not later than 6 months\nafter the transaction is effected; and\n(b) unless an express term of the lease provides to the contrary –\nis to be taken to be subject to a qualification that has the effect\nthat no fine or sum of money in the nature of a fine is payable\nfor or in respect of the licence or consent.\n(2) In a lease that contains a covenant, condition or agreement against\nthe making of improvements without a licence or consent, the\ncovenant, condition or agreement is, despite any express term in\nthe lease to the contrary, to be taken to be subject to the\nqualification that the licence or consent is not to be unreasonably\nwithheld.\n(3) In a lease that contains a covenant, condition or agreement against\nthe alteration of the user of the leased premises without a licence or\nconsent, the covenant, condition or agreement is, if the alteration\ndoes not involve any structural alteration of the premises and\ndespite any express term of the lease to the contrary, to be taken to\nbe subject to a qualification that no fine or sum of money in the\nnature of a fine, whether by way of an increase of rent or otherwise,\nis payable for or in respect of the licence or consent.\n\nLaw of Property Act 2000 89\n(4) A qualification referred to in subsection (1)(a)(i) or (b) does not\npreclude the right of the lessor to require the payment of a\nreasonable sum in respect of legal or other expenses properly\nincurred by the lessor in connection with the licence or consent.\n(5) A qualification referred to in subsection (2) does not preclude the\nright of the lessor to require, as a condition of the licence or\nconsent:\n(a) the payment of a reasonable sum in respect of legal or other\nexpenses properly incurred by the lessor in connection with\nthe licence or consent;\n(b) the payment of a reasonable sum in respect of any damage\nto, or diminution in the value of, the premises or any\nneighbouring premises belonging to the lessor; or\n(c) in the case of an improvement that does not add to the letting\nvalue of the premises and if the requirement is reasonable –\nan undertaking on the part of the lessee to reinstate the\npremises in the condition in which they were before the\nimprovement was executed.\n(6) A qualification referred to in subsection (3) does not preclude the\nright of the lessor to require:\n(a) the payment of a reasonable sum in respect of legal or other\nexpenses properly incurred by the lessor in connection with\nthe licence or consent; or\n(b) the payment of a reasonable sum in respect of any damage\nto, or diminution in the value of, the premises or any\nneighbouring premises belonging to the lessor.\n(7) If a dispute as to the reasonableness of a sum referred to in\nsubsection (4), (5) or (6) is determined by a court of competent\njurisdiction, the lessor is bound to grant the licence or consent\nconcerned on payment of the sum that the court determined to be\nreasonable.\n(8) In this section, lease means a lease, whether made before or after\nthe commencement of this Act, for a term of not less than one year.\n\nLaw of Property Act 2000 90\n","sortOrder":137},{"sectionNumber":"135","sectionType":"section","heading":"Involuntary assignment no breach of covenant","content":"135 Involuntary assignment no breach of covenant\nA breach of a covenant, condition or agreement that precludes the\nassigning, underletting, parting with the possession or disposing of\nleased premises is not committed by the:\n(a) assignment or underletting of a lease by a trustee of a\nbankrupt or a liquidator on behalf of a company (other than a\nliquidator in a voluntary winding up of a solvent company);\n(b) sale of a lease under an execution; or\n(c) bequest of a lease.\n","sortOrder":138},{"sectionNumber":"136","sectionType":"section","heading":"Application and interpretation","content":"136 Application and interpretation\n(1) This Division:\n(a) does not apply to leases of land held from the Crown under\nthe Crown Lands Act 1992, the Pastoral Lands Act 1992, the\nSpecial Purposes Leases Act 1953 and the Mineral Titles\nAct 2010; and\n(b) does apply to under-leases from the holder of land referred to\nin paragraph (a).\n(2) In this Division:\nlease includes an original or derivative under-lease, a grant at a\nfee-farm rent, the securing of rent by condition and, if a lessee\nbecomes entitled under an agreement for a lease to have the lease\ngranted, the agreement.\nlessee includes an original or derivative under-lessee, a grantee\nunder a grant at a fee-farm, a person entitled under an agreement\nfor a lease to have the lease granted and the executors,\nadministrators, and assigns of a lessee.\nlessor includes an original or derivative under-lessor, a grantor\nunder a grant at a fee-farm, a person bound to grant a lease under\nan agreement for a lease and the executors, administrators and\nassigns of a lessor.\nunder-lease includes an agreement for an under-lease if the under-\nlessee has become entitled to have the under-lease granted.\nunder-lessee includes any person deriving title through or from an\nunder-lessee.\n\nLaw of Property Act 2000 91\n","sortOrder":139},{"sectionNumber":"137","sectionType":"section","heading":"Restriction on forfeiture","content":"137 Restriction on forfeiture\n(1) A lessor must not exercise a right of re-entry and forfeiture under a\nlease unless:\n(a) the lessor is authorised to do so by an order of the Court\nmade under subsection (3); or\n(b) the lessee has abandoned or voluntarily given up possession\nof leased premises.\n(2) If a lessee breaches a covenant, obligation, condition or agreement\n(whether express or implied) in the lease that gives rise to a right of\nre-entry or forfeiture on the part of the lessor and the lessor wishes\nto enforce the right, the lessor must serve on the lessee a notice\nthat:\n(a) specifies the particular breach complained of;\n(b) if the breach is capable of remedy – requires the lessee to\nremedy the breach; and\n(c) if the lessor claims compensation in money for the breach –\nrequires the lessee to pay the compensation.\n(3) If notice has been served on a lessee under subsection (2) and the\nlessee fails within a reasonable time after service of the notice to\ncomply with the notice, the lessor may apply to the Court for an\norder for possession of the leased premises.\n(4) If an application is made to the Court and the Court is satisfied that\nthe lease has been terminated, the Court may make an order for\npossession of the premises.\n(5) A notice served under this section is to be in the prescribed form.\n(6) For the purposes of this section, a lease limited to continue for only\nas long as the lessee does not commit a breach of a covenant,\nobligation, condition or agreement in the lease takes effect as if it is\na lease that:\n(a) is for any term for which it may lawfully be in force; and\n(b) contains a term giving the lessor a right of re-entry or forfeiture\nfor breach of a covenant, obligation, condition or agreement in\nthe lease.\n\nLaw of Property Act 2000 92\n(7) This section:\n(a) applies to leases made before or after the commencement of\nthis Act;\n(b) applies despite there being a term giving the lessor a right of\nre-entry or forfeiture implied in the lease by operation of\nanother Act; and\n(c) has effect despite any term of a lease to the contrary.\n(8) In this section:\n(a) a reference to a lease does not include a reference to a lease\nor tenancy for a term not exceeding 1 year; and\n(b) if a breach of a lease has occurred before the commencement\nof this Act – a reference to a covenant, condition, or\nagreement does not include a reference to a covenant,\ncondition or agreement in the lease against the assigning,\nunderletting, parting with the possession or disposing of the\npremises leased.\n","sortOrder":140},{"sectionNumber":"138","sectionType":"section","heading":"Relief against forfeiture","content":"138 Relief against forfeiture\n(1) If a lessor:\n(a) commences proceedings to enforce a right of re-entry or\nforfeiture under the lease; or\n(b) has re-entered the leased premises without commencing\nproceedings,\nthe lessee may, in the lessor's or other proceedings (if any) or in\nproceedings commenced by the lessee, apply to the Court for relief.\n(2) If a lessee makes an application for relief under subsection (1), the\nCourt may, having regard to the proceedings, the conduct of the\nparties under section 137 and to any other circumstances it thinks\nappropriate, grant or refuse relief as it thinks just.\n(3) The Court may grant relief on the terms as to costs, expenses,\ndamages, compensation, penalty or otherwise, including the\ngranting of an injunction to restrain any similar breach in the future,\nas the Court in the circumstances of each case thinks just.\n\nLaw of Property Act 2000 93\n(4) If a lessee commences proceedings referred to in subsection (1),\nthe institution of the proceedings is not of itself to be construed as\nan admission on the part of the lessee that:\n(a) a breach referred to in section 137(2) has occurred;\n(b) notice has been served on the lessee under section 137(2); or\n(c) a right of or cause for re-entry or forfeiture has accrued or\narisen under the lease,\nand the Court may grant relief without making a finding or final\ndetermination that the breach has occurred, the notice has been\nserved or the right has accrued or cause arisen.\n(5) The rights and powers conferred by this section are in addition to\nand not in derogation of any other right to relief or power to grant\nrelief against forfeiture.\n(a) applies to leases made before or after the commencement of\n(b) has effect despite any term of a lease to the contrary.\n","sortOrder":141},{"sectionNumber":"139","sectionType":"section","heading":"Power of Court to protect under-lessee on forfeiture of","content":"139 Power of Court to protect under-lessee on forfeiture of\nsuperior leases\n(1) If a lessor commences proceedings:\n(a) to enforce a right of re-entry or forfeiture under a covenant,\nobligation or term in a lease made before or after the\ncommencement of this Act; or\n(b) for non-payment of rent,\nthe Court may, on application by a person claiming as under-lessee\nof an interest or a part of an interest in the property held under the\nlease, make an order:\n(c) staying the lessor's or other proceedings on the terms the\nCourt thinks just; and\n(d) vesting, for the whole term of the lease or a lesser term, the\nproperty held under the lease or an interest or part of an\ninterest in the property in a person entitled as under-lessee to\nan interest in the property.\n\nLaw of Property Act 2000 94\n(2) The Court may make an order vesting property under\nsubsection (1)(d) on the conditions as to execution of a deed or\nother document, giving security, payment of proper and reasonable\nrent, costs, expenses, damages, compensation or otherwise as the\nCourt, having regard to the circumstances of each case including\nthe consent or otherwise of the lessor to the creation of the interest\nclaimed by the under-lessee, thinks just.\n(3) Subsection (1) does not apply to entitle an under-lessee to require\na lease to be granted to the under-lessee for a larger area of land\nor for a longer term than the under-lessee had under the original\nunder-lease.\n(4) An order referred to in subsection (1) may be made in proceedings\nbrought by a person claiming as under-lessee or, if the lessor has\ncommenced proceedings in the Court, in those proceedings.\n","sortOrder":142},{"sectionNumber":"140","sectionType":"section","heading":"Costs and expenses","content":"140 Costs and expenses\n(1) A lessor is entitled to recover as a debt due to the lessor from a\nlessee all reasonable costs and expenses properly incurred by the\nlessor in respect of a breach giving rise to a right of re-entry or\nforfeiture that is, at the request of the lessee, waived by the lessor\nor from which the lessee is relieved under this Act.\n(2) A lessor is entitled to recover costs and expenses under\nsubsection (1):\n(a) in addition to any claim for damages on the part of the lessor\nagainst the lessee; and\n(b) whether or not the lessee has rendered forfeiture\nunenforceable against the lessee under section 138.\n","sortOrder":143},{"sectionNumber":"141","sectionType":"section","heading":"Relief against notice to effect decorative repairs","content":"141 Relief against notice to effect decorative repairs\n(1) If a notice is served on a lessee relating to the internal decorative\nrepairs to a structure, the lessee may apply to the Court for relief.\n(2) If a lessee makes an application to the Court under subsection (1)\nand the Court is, having regard to all the circumstances of the case\n(including in particular the length of the lessee's term or interest\nremaining unexpired), satisfied that the notice is unreasonable, the\nCourt may, by order, wholly or partially relieve the lessee from\nliability for the repairs.\n\nLaw of Property Act 2000 95\n(3) This section does not apply:\n(a) if the liability arises under an express covenant or agreement\nto put the property in a decorative state of repair and the\ncovenant or agreement has never been performed;\n(b) to any matter necessary or proper:\n(i) for putting or keeping the property in a sanitary\ncondition; or\n(ii) for the maintenance or preservation of the structure;\n(c) to any statutory liability to keep a structure reasonably fit for\nhuman habitation; or\n(d) to a covenant or term of a lease to yield up the structure in a\nspecified state of repair at the end of the term.\n(a) applies whether the notice referred to in subsection (1) is\nserved before or after the commencement of this Act; and\n(b) has effect despite any term of the lease to the contrary.\n(5) The rights and powers conferred by this section are in addition to\nand not in derogation of any right to relief or any power to grant\nrelief under any other law in force in the Territory.\n","sortOrder":144},{"sectionNumber":"142","sectionType":"section","heading":"Right to exercise option in lease if in lawful possession","content":"142 Right to exercise option in lease if in lawful possession\n(1) On the commencement of this Act, if after the term of a lease has\ndetermined the lessee continues in possession of the leased\npremises with the consent of the lessor, the lessee has a right to\nexercise any option contained in the lease for as long as the\nlessee's holding over of the premises is lawful.\n(2) In subsection (1), option means an option to purchase the\nreversion expectant on the lease or to require the lessor to grant a\nrenewal or extension of the lease or to grant a further lease of the\nleased premises or part of the leased premises.\n(3) This section applies subject to:\n(a) section 143; and\n(b) the appearance of a contrary intention in a lease.\n\nLaw of Property Act 2000 96\n","sortOrder":145},{"sectionNumber":"143","sectionType":"section","heading":"Relief against loss of lessee's option","content":"143 Relief against loss of lessee's option\n(a) a reference to an option in a lease is a reference to a right on\nthe part of the lessee to require the lessor to:\n(i) sell, or offer to sell, to the lessee the reversion expectant\non the lease; or\n(ii) grant, or offer to grant, to the lessee a renewal or\nextension of the lease or a further lease of the leased\npremises or a part of the leased premises,\nwhether the right is conferred by the lease or by an agreement\ncollateral to the lease;\n(b) a reference to a breach by the lessee of an obligation of the\nlessee under a lease containing an option is a reference to a\nbreach of the obligation by an act done or omitted to be done\nbefore or after the commencement of this Act to the extent\nthat the act or omission would constitute a breach of the\nobligation if there were no option contained in the lease; and\n(c) notice means a written notice served by a lessor on a lessee\nthat:\n(i) specifies an act or omission; and\n(ii) states that, subject to an order of the Court made under\nsubsection (5), the lessor proposes to treat the act or\nomission as precluding the lessee from exercising an\noption contained in the lease.\n(2) If an act or omission that constitutes a breach by a lessee of an\nobligation of the lessee under a lease containing an option would,\nbut for this section, have the effect of precluding the lessee from\nexercising the option, the act or omission is to be taken not to have\nthat effect if the lessee purports to exercise the option unless, not\nlater than 14 days after the purported exercise of the option, the\nlessor serves on the lessee a notice in respect of the act or\nomission and:\n(a) neither the lessor nor lessee applies to the Court for an order\nfor relief against the effect of the breach in relation to the\npurported exercise of the option before the expiry of one\nmonth after service of the notice on the lessee; or\n\nLaw of Property Act 2000 97\n(b) if the lessor or lessee applies to the Court for an order for\nrelief and:\n(i) the relief is not granted; or\n(ii) the relief is granted subject to the lessee complying with\nconditions specified in the order (one of which is to be\nthe time within which the lessee must comply with the\nconditions) and the lessee fails to comply with the\nconditions.\n(3) A lessor or lessee may apply to the Court for an order for relief\nreferred to in subsection (2):\n(a) in proceedings instituted for that purpose;\n(b) in proceedings concerning the existence of an alleged breach\nby the lessee of the lessee's obligations under the lease; or\n(c) in proceedings concerning the effect of the breach in respect\nof which relief is sought.\n(4) In proceedings referred to in subsection (3), the Court may:\n(a) make the orders it thinks just that will grant relief; or\n(b) make an order refusing to grant relief,\nand may make any consequential or ancillary order it considers\nnecessary to give effect to the order or orders.\n(5) In making an order granting relief or refusing to grant relief, the\nCourt may consider:\n(a) the nature of the breach complained of;\n(b) the extent that the lessor was prejudiced by the breach at the\ndate the proceedings were instituted;\n(c) the conduct of the lessor and the lessee, before and after the\nservice of the notice;\n(d) the rights of persons other than the lessor or lessee;\n(e) the operation of subsection (7); and\n(f) any other matter the Court considers relevant.\n(6) An order under subsection (4) may include terms as to costs,\ndamages or compensation as the Court thinks just.\n\nLaw of Property Act 2000 98\n(7) Subject to an order made under subsection (4) and to\nsubsections (8) and (9):\n(a) if:\n(i) an option is contained in a lease;\n(ii) the lessee exercises or purports to exercise the option;\nand\n(iii) the lease would, but for this paragraph, terminate before\nthe expiry of 14 days after the exercise or purported\nexercise of the option,\nthe lease is to be taken to continue in force until the expiry of\n14 days after the exercise or purported exercise of the option;\n(b) if:\n(i) a notice is served on a lessee; and\n(ii) the lease to which the notice relates would, but for this\nparagraph, terminate before the expiry of one month\nafter service of the notice on the lessee,\nthe lease is to be taken to continue in force until the expiry of\n1 month after the service of the notice; or\n(c) if a lessee referred to in paragraph (b) applies to the Court for\nrelief under this section, the lease is to be taken to continue in\nforce until:\n(i) the Court makes an order refusing to grant relief; or\n(ii) the Court makes the orders it thinks just granting relief\nand effect is given to the orders to the extent that they\naffect the lessor or relate to a conveyance to the lessee.\n(8) Subsection (7)(c) does not:\n(a) apply to or in relation to a lease that, but for that paragraph,\nwould continue in force for a longer period than it would be in\nforce by virtue of the operation of that paragraph; and\n(b) if the lessee fails to comply with an order of the Court made\nunder this section, operate to continue the lease in force after\nthe lessee's failure to comply.\n\nLaw of Property Act 2000 99\n(9) If a lease is continued in force by operation of subsection (7) after\nthe day on which, but for that subsection, it would terminate:\n(a) the lease continues in force subject to the terms, provisions,\ncovenants and conditions of the lease, except those relating to\nthe term of the lease and the option contained in the lease,\nwithout prejudice to the rights or remedies of the lessor or\nlessee in relation to the lease; and\n(b) if the lease is of registered land and the lessee is in\npossession of the land, the lessee has the protection given by\nthe Land Title Act 2000 to:\n(i) in the case of a registered lease – the registered\nproprietor, within the meaning of section 4 of the Land\nTitle Act 2000, of the land; or\n(ii) in the case of an unregistered lease – the interest of a\nlessee under a short lease.\n(10) If a lease that is continued in force by operation of subsection (7) is\nrenewed or a new lease is granted under the option contained in it:\n(a) the period for which the lease was continued in force is to be\ntaken to be part of the term of the renewed lease or the new\nlease; and\n(b) subject to subsection (11), in the case of the grant of a new\nlease – the new lease is to state that it commenced on the\ndate that the lease continued in force by operation of\nsubsection (7) would, but for that subsection, have terminated.\n(11) Subsection (10)(b) does not apply to a lease that provides for the\ncommencement of a new lease granted under an option contained\nin the lease on a date after the date that the new lease would have\ncommenced under that paragraph.\n(12) This section:\n(a) applies to and in respect of:\n(i) leases granted before or after the commencement of this\nAct; and\n(ii) an obligation contained in a lease referred to in\nsubparagraph (i); and\n(b) has effect despite any term of a lease to the contrary.\n\nLaw of Property Act 2000 100\n","sortOrder":146},{"sectionNumber":"144","sectionType":"section","heading":"Abolition of yearly tenancies arising by implication of law","content":"144 Abolition of yearly tenancies arising by implication of law\n(1) On the commencement of this Act, no tenancy from year to year is\nto be implied by payment of rent.\n(2) A tenancy without agreement as to its duration is to be taken to be\na tenancy determinable at the will of either of the parties by one\nmonth's notice in writing (which is not required to be one calendar\nmonth's notice).\n(3) This section does not apply if there is a tenancy from year to year\nwhich has arisen by implication before the commencement of this\nAct.\n(4) On the commencement of this Act, if a landlord or a tenant seeks to\nterminate a tenancy in respect of which the date of its creation is\nunknown, the tenancy is, subject to an express agreement to the\ncontrary, determinable by 6 months notice in writing expiring not\nearlier than the day immediately before the first anniversary of that\ncommencement.\n","sortOrder":147},{"sectionNumber":"145","sectionType":"section","heading":"Notice of termination of tenancy","content":"145 Notice of termination of tenancy\n(1) Subject to this Division, a weekly, monthly, yearly, or other periodic\ntenancy may be terminated by either the landlord or the tenant on\nnotice to the other that, unless otherwise agreed, is to:\n(a) comply with the requirements of sections 146 and 147; and\n(b) be given in sufficient time so that it complies with section 148,\n149, 150 or 151, as the case may be.\n(2) Subject to section 144, a tenancy that is not referred to in\nsubsection (1) and that is determinable on notice may, unless\notherwise expressly agreed, be terminated in accordance with\nsections 146 and 147.\n(3) In this section, a reference to a \"yearly tenancy\" is a reference to a\ntenancy from year to year other than a tenancy from year to year\narising by implication before the commencement of this Act.\n","sortOrder":148},{"sectionNumber":"146","sectionType":"section","heading":"Form and contents of notice","content":"146 Form and contents of notice\n(1) A landlord or a tenant may give notice to terminate the tenancy\neither orally or in writing.\n\nLaw of Property Act 2000 101\n(2) A written notice referred to in subsection (1) is to:\n(a) be signed by the person giving the notice or by the person's\nagent;\n(b) identify the premises in respect of which the notice is given;\nand\n(c) state either that the tenancy is to terminate on the last day of\nthe period of the tenancy next following the giving of the notice\nor the date of that day.\n(3) If:\n(a) a notice referred to in subsection (1) states that the tenancy is\nto terminate on the last day of the period of the tenancy next\nfollowing the giving of the notice and also purports to state the\ndate of that day; and\n(b) the date on which the tenancy is to terminate is incorrectly\nstated,\nthe notice is effective to terminate the tenancy on the last day of the\nperiod of the tenancy next following the giving of the notice.\n(4) A notice given under this section may be given in the approved\nform.\n","sortOrder":149},{"sectionNumber":"147","sectionType":"section","heading":"Manner of giving notice","content":"147 Manner of giving notice\n(1) Notice to terminate a tenancy may be given by being delivered\npersonally to the tenant or to the landlord or the landlord's agent, as\nthe case may be.\n(2) If the tenant is absent from the premises, or is evading service,\nnotice to terminate may be given to the tenant by:\n(a) delivering it to an adult who appears to be residing on or in\noccupation of the premises;\n(b) if the person by whom the rent is usually paid appears to be\nan adult – delivering it to that person;\n(c) posting it up in a conspicuous place on a part of the premises;\nor\n(d) sending it by registered post to the tenant at the tenant's usual\nor last known place of residence or business.\n\nLaw of Property Act 2000 102\n(3) If a tenant has died and probate or letters of administration of the\ntenant's estate have not been granted, it is sufficient to give notice\nto terminate:\n(a) if one or more persons appear to be residing on or in\noccupation of the premises – personally to any one of those\npersons who appears to be an adult; or\n(b) by publishing, on not less than 2 days, the notice in a daily\nnewspaper circulating in the district where the premises is\nlocated.\n(4) If proceedings for the recovery of the possession of premises are\ncommenced in reliance on a notice to terminate given in the\nmanner specified in subsection (3)(a), an occupier of the premises\nor another person claiming an interest in the premises is entitled to\nappear in the proceedings.\n(5) The appearance of an occupier or other person claiming an interest\nin a proceeding referred to in subsection (4) is not of itself to be\nregarded as an act of administration, as intermeddling in the estate\nof the deceased tenant or as constituting the person so contesting\nthe proceeding as an executor de son tort of the deceased tenant.\n(6) Nothing in this section affects the right of a landlord to give notice to\nterminate in a manner that is not in accordance with this section.\n","sortOrder":150},{"sectionNumber":"148","sectionType":"section","heading":"Notice to terminate weekly tenancy","content":"148 Notice to terminate weekly tenancy\n(1) A notice to terminate a weekly tenancy is to be given on or before\nthe last day of a week of the tenancy to be effective on the last day\nof the week of the tenancy next following.\n(2) In this section, week of the tenancy means the weekly period on\nwhich the tenancy is based and, unless otherwise expressly\nagreed, the week is to be taken to begin on the day on which the\nrent is payable.\n","sortOrder":151},{"sectionNumber":"149","sectionType":"section","heading":"Notice to terminate monthly tenancy","content":"149 Notice to terminate monthly tenancy\n(1) A notice to terminate a monthly tenancy is to be given on or before\nthe last day of a month of the tenancy to be effective on the last day\nof the month of the tenancy next following.\n(2) In this section, month of the tenancy means the monthly period on\nwhich the tenancy is based (which may not be a calendar month)\nand, unless otherwise expressly agreed, the month is to be taken to\nbegin on the day on which the rent is payable.\n\nLaw of Property Act 2000 103\n","sortOrder":152},{"sectionNumber":"150","sectionType":"section","heading":"Notice to terminate yearly tenancy","content":"150 Notice to terminate yearly tenancy\n(1) A notice to terminate a yearly tenancy is to be given on or before\nthe first day of a period of 6 months that ends with the last day of a\nyear of the tenancy to be effective on that day.\n(2) In this section, year of the tenancy means the yearly period on\nwhich the tenancy is based (which may not be a calendar year)\nand, unless otherwise expressly agreed, the year is to be taken to\nbegin on the day, or the anniversary of the day, on which the tenant\nfirst became entitled to possession.\n","sortOrder":153},{"sectionNumber":"151","sectionType":"section","heading":"Notice to terminate other tenancies","content":"151 Notice to terminate other tenancies\n(1) A notice to terminate a periodic tenancy other than a weekly,\nmonthly, or yearly tenancy is to be given on or before the last day of\na period of the tenancy to be effective on the last day of the period\nof the tenancy next following.\n(2) In subsection (1), period of the tenancy means the period on\nwhich the tenancy is based and, unless otherwise expressly\nagreed, the period is to be taken to begin on the day on which the\nrent is payable.\n(3) Notice to terminate a tenancy to which section 148, 149 or 150 or\nsubsection (1) does not apply is to be given for a reasonable\nperiod.\n(4) Subsection (3) does not apply to a tenancy for which a period of\nnotice has, expressly or impliedly, been agreed to by the parties.\n(5) In subsection (3):\nreasonable period means a reasonable period in the\ncircumstances of the tenancy to which the notice relates, including\nthe nature of the tenancy, the circumstances surrounding the\ncreation of the tenancy, the terms (if any) of the tenancy and the\nproper implications from the agreement of the parties (if any) in\nrespect of the tenancy.\ntenancy includes a tenancy at will other than a tenancy at will\narising because of the abolition of the implication of a tenancy from\nyear to year under section 144.\n\nLaw of Property Act 2000 104\n","sortOrder":154},{"sectionNumber":"Div 6","sectionType":"division","heading":"Holding over leased premises","content":"Division 6 Holding over leased premises\n","sortOrder":155},{"sectionNumber":"152","sectionType":"section","heading":"Tenants etc. holding over to pay double market rent","content":"152 Tenants etc. holding over to pay double market rent\n(1) If a person:\n(a) holds over leased premises after the lease or term in respect\nof the premises has determined and demand has been made\nand notice in writing has been given to the person for the\ndelivery of possession of the premises by the lessor, landlord\nor person (or the person's lawfully authorised agent) to whom\nthe remainder or reversion of the premises belongs; or\n(b) having given notice of intention to quit the premises at a\nspecified time, does not deliver up possession of the premises\nat the specified time,\nthe person is liable to pay to the person kept out of possession of\nthe premises rent at the rate of double the market rent payable in\nrespect of the premises for and during the time the person holds\nover.\n(2) Rent payable under subsection (1) is recoverable by proceedings in\na court of competent jurisdiction.\n","sortOrder":156},{"sectionNumber":"Part 9","sectionType":"part","heading":"Incorporeal hereditaments and appurtenant","content":"Part 9 Incorporeal hereditaments and appurtenant\nrights\n","sortOrder":157},{"sectionNumber":"153","sectionType":"section","heading":"Saving of existing law","content":"153 Saving of existing law\n(1) This Part applies without derogation to the law relating to\neasements and covenants in force in the Territory before the\n(2) In the event of an inconsistency between this Part and the law\nrelating to easements and covenants referred to in subsection (1),\nthis Part prevails.\n\nLaw of Property Act 2000 105\n","sortOrder":158},{"sectionNumber":"154","sectionType":"section","heading":"Definitions","content":"154 Definitions\neasement means a right annexed to land (the dominant land) to\nuse other land (the servient land) in a particular manner or to\nprevent that other land from being used in a particular manner but\ndoes not include a right to take the soil or produce of other land.\neasement in gross means an easement referred to in section 155.\ndominant land means land to which the right to the use or benefit\nof an easement is annexed.\nservient land means land the use of which is authorised or\nrestricted by an easement or an easement in gross.\n","sortOrder":159},{"sectionNumber":"155","sectionType":"section","heading":"Easement in gross","content":"155 Easement in gross\nA person may create an easement without dominant land in favour\nof another person.\n","sortOrder":160},{"sectionNumber":"156","sectionType":"section","heading":"Manner of granting easements and easements in gross","content":"156 Manner of granting easements and easements in gross\nAn easement or an easement in gross is created by the registration\nof:\n(a) a deed of grant or an instrument of easement or easement in\ngross under Subdivision 1 of Division 4 of Part 6 of the Land\nTitle Act 2000;\n(b) a plan of subdivision, within the meaning of section 4 of that\nAct, and an instrument of easement or easement of gross\nunder Subdivision 2 of that Division; or\n(c) an instrument lodged with the Registrar-General under\nsection 19(2) of the Crown Lands Act 1992.\n","sortOrder":161},{"sectionNumber":"157","sectionType":"section","heading":"Description of certain easements etc.","content":"157 Description of certain easements etc.\n(1) Subject to section 161, a person who is entitled to the use or benefit\nof a registered easement or easement in gross of a right of way is\nto be taken to have the rights specified in Part A of Schedule 3.\n\nLaw of Property Act 2000 106\n(2) Subject to section 161, a person who is entitled to the use and\nbenefit of a registered easement or easement in gross described in\nColumn 1 of Part B of Schedule 3 has:\n(a) the use or benefit of the easement or easement in gross for\nthe purpose specified opposite in Column 2 of Part B of the\nSchedule; and\n(b) whether by the person or by his or her agents or employees,\nthe powers specified opposite in Column 3 of Part B of the\nSchedule.\n(3) Subsections (1) and (2) do not limit the powers a person has\nbecause of the entitlement to the use or benefit of a registered\neasement or easement in gross under any other law in force in the\n(4) In establishing the ownership of a pipe, duct, wire, pole or other\nthing to which an easement or an easement in gross referred to in\nsubsection (2) relates and that is attached to or constructed\nthrough, under, on, across or above land for a purpose specified in\nColumn 2 of Part B of Schedule 3, the pipe, duct, wire, pole or other\nthing is not to be taken to be a fixture of the land.\n(5) This section applies to easements and easements in gross created\nafter this Act commences.\n","sortOrder":162},{"sectionNumber":"158","sectionType":"section","heading":"Benefit of easements and easements in gross","content":"158 Benefit of easements and easements in gross\n(1) An easement may be enforced by:\n(a) a person who has the estate in the dominant land to which the\nright to the benefit of the easement is annexed; and\n(b) any person claiming under or through him or her.\n(2) An easement in gross may be enforced by any person who has the\nuse or benefit of the easement in gross.\n","sortOrder":163},{"sectionNumber":"159","sectionType":"section","heading":"Burden of easements and easements in gross","content":"159 Burden of easements and easements in gross\nAn easement or easement in gross binds each person who has an\ninterest in the servient land.\n","sortOrder":164},{"sectionNumber":"160","sectionType":"section","heading":"Powers of others in relation to easements in gross","content":"160 Powers of others in relation to easements in gross\n(1) A person who is granted the use or benefit of an easement in gross\nmay permit another person (whether by the other person or the\nother person's agents or employees) to enter land to which the\neasement in gross relates and carry out the work on the land that\n\nLaw of Property Act 2000 107\nthe first-mentioned person is authorised to do.\n(2) The owner or occupier of the land must not hinder or obstruct a\nperson entering and carrying out work on the land with the authority\nof the person who is granted the use or benefit of the easement in\n","sortOrder":165},{"sectionNumber":"161","sectionType":"section","heading":"Conditions of easements","content":"161 Conditions of easements\nThe enjoyment of the rights conferred by an easement or easement\nin gross is subject to:\n(a) the rights being exercised in a way that is reasonable and\nappropriate to the purpose for which the easement is created;\nand\n(b) any conditions specified in the instrument of the easement.\n","sortOrder":166},{"sectionNumber":"162","sectionType":"section","heading":"Right to support of land and building","content":"162 Right to support of land and building\nAll land is subject to the obligation that nothing is to be done on the\nland that will withdraw support from other land or from a building,\nstructure or erection on other land.\n","sortOrder":167},{"sectionNumber":"163","sectionType":"section","heading":"Definitions and application","content":"163 Definitions and application\n(1) In this Division:\nowner includes a person interested (whether presently,\ncontingently or otherwise) in land.\ndominant land means land to which the right of a statutory right of\nuser is or will be annexed.\nservient land means land the use of which is or will be authorised\nby a statutory right of user.\nstatutory right of user includes:\n(a) a right of way or a right in the nature of a right of way over\n(b) a right of access to land;\n(c) a right of entry onto land; and\n(d) a right to carry and place a utility on, over, across, through,\nabove or under land.\n\nLaw of Property Act 2000 108\nutility includes an electricity, gas, power, telephone, water,\ndrainage, sewerage and other service pipe or line, together with all\nfacilities and structures reasonably incidental to the utility.\n(2) This Division does not apply to:\n(a) Crown lands within the meaning of section 3 of the Crown\nLands Act 1992;\n(b) an estate in fee simple owned by the Commonwealth;\n(c) reserved or dedicated lands; or\n(d) Aboriginal land within the meaning of section 3(1) of the\nAboriginal Land Rights (Northern Territory) Act 1976 of the\nCommonwealth.\n","sortOrder":168},{"sectionNumber":"164","sectionType":"section","heading":"Imposition of statutory right of user in respect of land","content":"164 Imposition of statutory right of user in respect of land\n(1) Subject to this section, if, for the purposes of using land in a\nreasonable manner, it is necessary that there should be a statutory\nright of user annexed to the land, the Court may, on the application\nof the owner of the land, impose on other land or the owner of the\nother land an obligation of user that is a statutory right of user or an\nobligation to permit a statutory right of user in accordance with the\norder.\n(2) A statutory right of user imposed by the Court may take the form of\nan easement, licence or otherwise.\n(3) The Court must not make an order referred to in subsection (1)\nunless the Court is satisfied that:\n(a) the proposed use of the dominant land is reasonable;\n(b) it is in the public interest to use the dominant land in the\nproposed manner;\n(c) the owner of the servient land can be adequately\nrecompensed in money for any loss or disadvantage which the\nowner may suffer from the imposition of the obligation; and\n(d) either:\n(i) the owner of the servient land has refused to agree to\naccept the imposition of the obligation and the owner's\nrefusal is in all circumstances unreasonable; or\n\nLaw of Property Act 2000 109\n(ii) no person can be found who possesses the necessary\ncapacity to agree to accept the imposition of the\nobligation.\n(4) An order made under this section:\n(a) is to provide for payment by the applicant to a person\nspecified in the order of an amount by way of compensation or\nconsideration as appears to the Court to be just;\n(b) may specify any other terms and impose any other conditions\nas the Court considers just including:\n(i) the person (and whether or not by his or her agents or\nemployees) who may exercise the statutory right of user;\n(ii) the manner in which and the occasions when the\nstatutory right of user may be exercised;\n(iii) that the statutory right of user is exercisable in\nperpetuity, for some fixed period or until a date certain;\n(c) is, unless the Court orders otherwise, to be registered; and\n(d) is, if registered, binding on all persons who have an interest or\nwho will acquire an interest in the dominant land or the\nservient land, whether an adult or otherwise having capacity\nand whether they were parties to proceedings referred to in\nthis Division or otherwise have notice of the order.\n","sortOrder":169},{"sectionNumber":"165","sectionType":"section","heading":"Modification or extinguishment of statutory right of user","content":"165 Modification or extinguishment of statutory right of user\n(1) The owner of dominant land or servient land may apply to the Court\nfor an order modifying or extinguishing the statutory right of user\nimposed in respect of the land under section 164.\n(2) Where the Court is satisfied that:\n(a) the statutory right of user the subject of an application, or\nsome aspect of it, is no longer necessary for the purposes of\nthe reasonable use of the dominant land; or\n(b) some material change in the circumstances has taken place\nsince the order imposing the statutory right of user was made,\nthe Court may make an order modifying or extinguishing the\nstatutory right of user.\n\nLaw of Property Act 2000 110\n","sortOrder":170},{"sectionNumber":"166","sectionType":"section","heading":"Powers of Court","content":"166 Powers of Court\nIn proceedings under this Division, the Court:\n(a) may direct that a survey is to be made of land and a plan of\nsurvey is to be prepared in respect of the land;\n(b) may order a person to execute an instrument, in a registrable\nor other form, that is necessary to give effect to an order made\nunder this Division;\n(c) may order a person to produce to another person specified in\nthe order any certificate as to title of the land or any other\ndocument relating to the land;\n(d) may give directions for the conduct of proceedings;\n(e) subject to paragraph (f), may make orders in respect of the\ncosts of any of the matters referred to in this section or the\nproceedings generally; or\n(f) must not, except in exceptional circumstances, make an order\nfor costs against the owner of servient land.\n","sortOrder":171},{"sectionNumber":"167","sectionType":"section","heading":"Definitions","content":"167 Definitions\ncovenant means an obligation (whether positive or negative) in\nrespect of the use, ownership or maintenance of particular land\n(servient land) that is created for the benefit of other land (dominant\nland).\ncovenant in gross means a covenant referred to in section 168.\ndominant land means land having the benefit of a covenant.\nplan of subdivision has the same meaning as in section 4 of the\nservient land means land the use, ownership or maintenance of\nwhich is authorised or restricted by a covenant or covenant in\n\nLaw of Property Act 2000 111\n","sortOrder":172},{"sectionNumber":"168","sectionType":"section","heading":"Covenants in gross","content":"168 Covenants in gross\nNotwithstanding any other law in force in the Territory, on the\ncommencement of this Act a covenant may be created without\ndominant land in favour of the Territory, a local government body, a\nstatutory corporation or a prescribed person.\n","sortOrder":173},{"sectionNumber":"169","sectionType":"section","heading":"Manner of creating covenants and covenants in gross","content":"169 Manner of creating covenants and covenants in gross\nA covenant or covenant in gross is created by the registration of:\n(a) a deed of grant or an instrument of covenant or covenant in\ngross under Subdivision 1 of Division 5 of Part 6 of the Land\nTitle Act 2000;\n(b) a plan of subdivision and an instrument of covenant or\ncovenant in gross under Subdivision 2 of that Division; or\n(c) an instrument lodged with the Registrar-General under\nsection 19(2) of the Crown Lands Act 1992.\n","sortOrder":174},{"sectionNumber":"170","sectionType":"section","heading":"Benefit of covenants and covenants in gross","content":"170 Benefit of covenants and covenants in gross\n(1) A covenant may be enforced by:\n(a) a person who has the estate in the dominant land that has the\nbenefit of the covenant; and\n(b) any person claiming under or through him or her.\n(2) Subsection (1) does not apply to a covenant that is a positive\nobligation created before the commencement of this Act.\n(3) A covenant in gross may be enforced by the Territory, the local\ngovernment body, the statutory corporation or the prescribed\nperson who or which has the benefit of the covenant in gross.\n","sortOrder":175},{"sectionNumber":"171","sectionType":"section","heading":"Burden of covenants and covenants in gross","content":"171 Burden of covenants and covenants in gross\n(1) Subject to subsection (2), a covenant or covenant in gross binds:\n(a) each person who has an interest in the land subject to the\nburden of the covenant or covenant in gross; and\n(b) if it is a restrictive or access covenant or covenant in gross\nthat is capable of being enforced by a person – each person\nnot referred to in paragraph (a) who is in occupation of the\nburdened land or a part of it other than by virtue of a right\nderived (by contract or otherwise) from a person who was not\nbound by the covenant or covenant in gross at the time the\n\nLaw of Property Act 2000 112\nright was granted.\n(2) A covenant or covenant in gross, other than a restrictive or access\ncovenant or covenant in gross, is not binding on a person referred\nto in subsection (1)(a) unless the person's interest in the land:\n(a) is the burdened estate or the estate of a mortgagee; or\n(b) confers on the person a right to possess the land for more\nthan 21 years.\n(3) This section does not apply to a covenant that is a positive\nobligation created before the commencement of this Act.\n","sortOrder":176},{"sectionNumber":"172","sectionType":"section","heading":"Intention of original parties to prevail","content":"172 Intention of original parties to prevail\nSections 170, 171 and 173 apply subject to the appearance of a\ncontrary intention in an instrument of covenant or covenant in\n","sortOrder":177},{"sectionNumber":"173","sectionType":"section","heading":"Liability for non-compliance with covenant","content":"173 Liability for non-compliance with covenant\n(1) A covenant or covenant in gross that is not a restrictive or access\ncovenant is enforceable in respect of a contravention of the\ncovenant or covenant in gross against every person who is at the\ntime of the contravention bound by it.\n(2) A restrictive or access covenant or covenant in gross is only\nenforceable against a person who is bound by the covenant or\ncovenant in gross in respect of conduct by the person that consists\nof:\n(a) doing an act prohibited by the covenant or covenant in gross;\nor\n(b) permitting or suffering the doing by another person of an act\nprohibited by the covenant or covenant in gross (whether or\nnot the other person is bound by the covenant or covenant in\ngross).\n(3) Despite subsections (1) and (2), a covenant or covenant in gross is\nenforceable in respect of a contravention of it against a person who\nis at the time of the contravention bound by the covenant or\ncovenant in gross by reason only of being mortgagee of the\nsubservient land or a part of the subservient land if:\n(a) the person is a mortgagee in possession; or\n(b) a receiver, appointed by the person, is acting in respect of the\nperson's interest as mortgagee of the land.\n\nLaw of Property Act 2000 113\n","sortOrder":178},{"sectionNumber":"174","sectionType":"section","heading":"Extinguishment of covenants by fluxion of time","content":"174 Extinguishment of covenants by fluxion of time\n(1) Subject to subsection (2), a covenant ceases to have effect:\n(a) on the date specified in the instrument or plan of subdivision\ncreating the covenant; or\n(b) 20 years after the date the covenant was registered,\nwhichever first occurs.\n(2) Where:\n(a) no date of expiration is specified in an instrument or plan of\nsubdivision creating a covenant or the date specified occurs\nafter the expiry of the 20 year period referred to in\nsubsection (1)(b); and\n(b) the registered proprietor, within the meaning of section 4 of\nthe Land Title Act 2000, of the estate in the dominant land\nhaving the benefit of a covenant lodges an instrument in the\nappropriate form at the Land Titles Office before the date the\n20 year period referred to in subsection (1)(b) expires,\nthe covenant is to continue to have effect for a further 20 years after\nthat date.\n(3) This section does not apply to:\n(a) covenants made in favour of the Commonwealth, the Territory\nor a prescribed authority for defence or aviation purposes;\n(b) covenants made for a prescribed purpose; or\n(c) covenants in gross.\n(4) This section applies only to covenants made after the\n","sortOrder":179},{"sectionNumber":"175","sectionType":"section","heading":"Declaration as to nature etc. of covenant","content":"175 Declaration as to nature etc. of covenant\nThe Court may, on application by an interested person, declare:\n(a) whether or not land is affected by a covenant or covenant in\ngross in the circumstances specified in the application; or\n(b) on the construction of an instrument imposing or purporting to\nimpose the burden of a covenant or covenant in gross on land:\n(i) whether the instrument imposes a covenant or covenant\nin gross in respect of the land;\n\nLaw of Property Act 2000 114\n(ii) what the nature and extent of the covenant or covenant\nin gross is;\n(iii) whether or not the covenant or covenant in gross is\nenforceable; or\n(iv) if it is enforceable, who may enforce it and against\nwhom.\n","sortOrder":180},{"sectionNumber":"176","sectionType":"section","heading":"Definitions","content":"176 Definitions\neasement includes an easement in gross.\ncovenant includes a covenant in gross.\n","sortOrder":181},{"sectionNumber":"177","sectionType":"section","heading":"Modification or extinguishment of easements and covenants","content":"177 Modification or extinguishment of easements and covenants\n(1) Where land is subject to the burden of an easement or a covenant,\nthe Court may, on application by a person who has an interest in\nthe land, make an order modifying or wholly or partially\nextinguishing the easement or covenant.\n(2) The Court may not make an order under subsection (1) unless it is\nsatisfied that:\n(a) because there has been a change in the user of the land\nhaving the benefit of the easement or covenant, in the\ncharacter of the area in the vicinity of the land or in any other\ncircumstance that the Court considers material, the easement\nor covenant is obsolete;\n(b) the continued existence of the easement or covenant would\nimpede the reasonable user of the land or that the easement\nor covenant, in impeding that user, is:\n(i) no longer necessary or advantageous to the person or\npersons entitled to the benefit of the easement or\ncovenant; or\n(ii) contrary to the public interest,\nand each person who suffers loss or disadvantage from the\nmodification or extinguishment of the easement or covenant\ncan be adequately compensated in money for his or her loss\nor disadvantage;\n\nLaw of Property Act 2000 115\n(c) each adult who is entitled to the use or benefit of the\neasement or the covenant and who has capacity to do so:\n(i) has agreed to the modification or extinguishment of the\neasement or covenant; or\n(ii) by his or her acts or omissions may reasonably be\nconsidered to have abandoned the easement or to have\nwaived the benefit of the covenant in whole or in part; or\n(d) the proposed modification or extinguishment will not\nsubstantially injure the persons entitled to the use or benefit of\nthe easement or covenant.\n(3) In determining whether to make the order, the Court must take into\naccount the operation of the Planning Act 1999 and in particular the\nprovisions of the planning scheme, within the meaning of that Act,\napplying to the land.\n(4) The power of the Court to make an order modifying an easement or\ncovenant includes power to amend the instrument creating the\neasement or covenant to include new terms as to the use,\nownership or maintenance of the servient land.\n(5) In making an order under subsection (1), the Court may also make\nan order directing the applicant to pay a person entitled to the use\nor benefit of the easement or covenant the amount that appears to\nthe Court to be just to award consideration for either:\n(a) any loss or disadvantage suffered as a consequence of the\nmodification or extinguishment; or\n(b) any reduction in any compensation received for the land\naffected by the easement or covenant when it was created\nthat is attributable to its imposition.\n","sortOrder":182},{"sectionNumber":"178","sectionType":"section","heading":"Notice of application","content":"178 Notice of application\nWhere an application is made for the modification or\nextinguishment of an easement or covenant, the Court may, if it\nthinks just, direct that the applicant must give notice of the\napplication in the manner and to the consent authority, within the\nmeaning of the Planning Act 1999, or any other person it specifies\nin the direction.\n","sortOrder":183},{"sectionNumber":"179","sectionType":"section","heading":"Effect of order","content":"179 Effect of order\nAn order made under section 177 is binding on all persons, whether\nor not adults or otherwise having capacity, who are or become\nentitled to the use or benefit of the easement, or are or become\n\nLaw of Property Act 2000 116\ninterested in enforcing the covenant, and whether or not they were\nparties to the proceedings under that section or were served with\nnotice under section 178.\n","sortOrder":184},{"sectionNumber":"180","sectionType":"section","heading":"Application may be made in other proceedings","content":"180 Application may be made in other proceedings\n(1) Where a person commences proceedings to enforce an easement\nor covenant or rights arising out of a breach of a covenant, a person\nagainst whom the proceedings are instituted may apply in the\nproceedings to the Court for an order or a direction under\nsection 181.\n(2) Unless the Court orders otherwise, an application under\nsubsection (1) operates to stay the proceedings for enforcement of\nthe easement or covenant.\n","sortOrder":185},{"sectionNumber":"181","sectionType":"section","heading":"Powers of Court","content":"181 Powers of Court\nIn proceedings under this Division the Court may:\n(a) direct that a survey is to be made of land and a plan of survey\nis to be prepared in respect of the land;\n(b) order a person to execute an instrument, in registrable or\nother form, that is necessary to give effect to an order made\nunder this Division;\n(c) order a person to produce to another person specified in the\norder any certificate as to title or other document relating to\n(d) make an order declaring whether or not land is or would in\nspecified circumstances be affected by an easement or\ncovenant and:\n(i) what the nature and extent of the easement or covenant\nis;\n(ii) whether or not the easement or covenant is enforceable;\nor\n(iii) if it is enforceable, who may enforce it and against\nwhom;\n(e) give directions for the conduct of proceedings; or\n(f) make orders in respect of the costs of any of the matters\nreferred to in this section and of the proceedings generally.\n\nLaw of Property Act 2000 117\n","sortOrder":186},{"sectionNumber":"Part 10","sectionType":"part","heading":"Things in action","content":"Part 10 Things in action\n","sortOrder":187},{"sectionNumber":"182","sectionType":"section","heading":"Assignment of thing in action","content":"182 Assignment of thing in action\n(1) An absolute assignment of a debt or other legal thing in action,\nwhether made before or after the commencement of this Act:\n(a) that is by writing under the hand of the assignor;\n(b) that does not purport to be by way of charge only; and\n(c) of which express notice in writing has been given to the\ndebtor, trustee or other person from whom the assignor would\nhave been entitled to claim the debt or other thing in action,\nis, subject to any equities having priority over the right of the\nassignee, effectual to pass and transfer from the date of that notice:\n(d) the legal right to that debt or other thing in action;\n(e) all legal and other remedies for the debt or other thing in\naction; and\n(f) the power to give a good discharge for the debt or other thing\nin action without the concurrence of the assignor.\n(2) If the debtor, trustee or other person liable in respect of the debt or\nother thing in action has notice:\n(a) that the assignment is disputed by the assignor or any person\nclaiming under him or her; or\n(b) of any other opposing or conflicting claims to the debt or other\nthing in action,\nhe or she may either call on the person disputing the assignment or\nmaking an opposing or conflicting claim to interplead concerning\nthe dispute or claim or to pay the debt or other thing in action into\ncourt under and in conformity with the provisions of the law relating\nto relief of trustees.\n","sortOrder":188},{"sectionNumber":"183","sectionType":"section","heading":"Interpretation","content":"183 Interpretation\n(1) In this Part, unless the contrary intention appears:\npower of appointment includes a discretionary power to make a\ndisposition.\n\nLaw of Property Act 2000 118\nsettlement includes:\n(a) a will;\n(b) an instrument, testamentary or otherwise, exercising a power\nof appointment, whether general or special; and\n(c) any other instrument, transaction or dealing whereby a person\nmakes a disposition,\nbut does not include an Act or an instrument of a legislative or\nadministrative character.\nrule against perpetual trusts means the common law rule that\ninvalidates a trust (not otherwise invalid) for a purpose which is not\ncharitable if the duration of the trust will or may exceed the\nperpetuity period.\ntrust has the same meaning as in the Trustee Act 1893.\ntrustee has the same meaning as in the Trustee Act 1893.\nwill includes a codicil.\n(2) For the purposes of this Part, a disposition in a will is to be taken to\ntake effect on the death of the testator.\n(3) For the purposes of this Part, a person is to be treated:\n(a) as a member of a class if the person satisfies, each and every\ncondition identifying a member of the class; and\n(b) as a potential member of a class if the person satisfies only\none or some of the conditions identifying a member of the\nclass but there is a possibility that the remainder of those\nconditions will in time be satisfied.\n","sortOrder":189},{"sectionNumber":"184","sectionType":"section","heading":"Application","content":"184 Application\n(1) This Part applies in relation to a settlement taking effect before or\nafter 1 August 1994.\n(2) This Part applies in relation to a settlement exercising a power of\nappointment taking effect after 1 August 1994, whether general or\nspecial and whether or not it applies in relation to the settlement\ncreating the power of appointment.\n(3) This Part does not apply to render invalid an interest created by a\nprovision of a will executed before 1 August 1994 but taking effect\nafter that date if the provision would not have infringed the rule\n\nLaw of Property Act 2000 119\nagainst perpetuities had the Perpetuities Act 1994 or this Act not\nbeen enacted and the will taken effect when it was executed.\n","sortOrder":190},{"sectionNumber":"185","sectionType":"section","heading":"Settlements by Crown not bound","content":"185 Settlements by Crown not bound\nNothing in the rule against perpetuities, in the rule against perpetual\ntrusts or in this Part affects a settlement made by the Crown.\n","sortOrder":191},{"sectionNumber":"186","sectionType":"section","heading":"Powers of appointment","content":"186 Powers of appointment\n(1) For the purposes of the rule against perpetuities, a power of\nappointment is at a particular time to be treated as a special power\nunless, at that time, the appointor has, by the settlement creating\nthe power, unconditional authority at his or her own discretion to\nexercise the power by appointing the interest the subject of the\npower to himself or herself.\n(2) Notwithstanding subsection (1), an appointment of an interest made\nby will under a power of appointment that would, but for the fact that\nit was made exercisable only by will, have been a general power is\nto be treated as a general power for the purposes of determining\nwhether the appointment of the interest infringes the rule against\nperpetuities.\n(3) For the purposes of this section, an authority is unconditional\nnotwithstanding a formal condition relating to the mode of exercise\nof the power.\n","sortOrder":192},{"sectionNumber":"187","sectionType":"section","heading":"Perpetuity period","content":"187 Perpetuity period\n(1) For the purposes of the rule against perpetuities but subject to\nsubsection (3), the perpetuity period applicable to an interest\ncreated by a settlement is:\n(a) a life in being plus 21 years; or\n(b) 80 years from the date on which the settlement takes effect,\nwhichever is specified in the settlement.\n(2) Subject to subsection (3), if no perpetuity period is specified in the\nsettlement, the perpetuity period is taken to be 80 years from the\ndate on which the settlement takes effect.\n(3) If an appointment of an interest is made under a special power of\nappointment, the perpetuity period is reckoned from the date on\nwhich the settlement creating the power takes effect.\n\nLaw of Property Act 2000 120\n","sortOrder":193},{"sectionNumber":"188","sectionType":"section","heading":"Unborn spouse","content":"188 Unborn spouse\nThe surviving spouse of a person who is a life in being for the\npurposes of the rule against perpetuities must be treated as a life in\nbeing for the purpose of the application of the rule to:\n(a) a disposition in favour of that surviving spouse; and\n(b) a disposition in favour of:\n(i) a charity that attains;\n(ii) a person who attains; or\n(iii) a class the members of which attain,\naccording to the terms of the disposition, a vested interest on\nor after:\n(iv) the death of the survivor of a person who is a life in\nbeing and the person's surviving spouse;\n(v) the death of the person's surviving spouse; or\n(vi) the happening of a contingency during the lifetime of the\nperson's surviving spouse.\n","sortOrder":194},{"sectionNumber":"189","sectionType":"section","heading":"Presumptions and evidence as to future parenthood","content":"189 Presumptions and evidence as to future parenthood\n(1) If, in the application of the rule against perpetuities to a disposition\nor in determining the right of a person to put an end to a trust or an\naccumulation, there arises a question that depends on the capacity\nof a person to procreate a child at a future time:\n(a) it is presumed, subject to paragraph (b), that:\n(i) a male person who has attained the age of 12 years can\nprocreate a child (but not if under that age); and\n(ii) a female person who has attained the age of 12 years\ncan procreate a child (but not if under that age or if she\nhas attained the age of 55 years); but\n(b) in the case of a living person, evidence may be given in any\nproceedings to show that he or she is or will or is not or will\nnot be capable of procreating a child at the time in question.\n(2) If, by virtue of subsection (1), a person is treated as incapable of\nprocreating a child at a particular time but he or she in fact\nprocreates a child, the Supreme Court may make the order it thinks\njust for placing the persons interested in the property comprised in\n\nLaw of Property Act 2000 121\na disposition as far as reasonably possible in the position they\nwould have held if the person was treated as capable of procreating\na child in applying subsection (1) to the disposition, trust or\naccumulation concerned.\n(3) Subject to an order under subsection (2), if, in proceedings relating\nto a disposition, a person is treated by virtue of subsection (1) as\ncapable or incapable of procreating a child at a particular time, the\nperson must be treated as likewise capable or incapable of\nprocreating a child for the purpose of determining a question that\nmight arise in the application of the rule against perpetuities to the\nsame disposition in subsequent proceedings.\n(4) This section, except subsection (1)(b), has effect in relation to the\npossibility that a person may at any time become a parent of\nanother person by adoption or the operation of a law, whether or\nnot in force in the Territory.\n","sortOrder":195},{"sectionNumber":"190","sectionType":"section","heading":"Wait-and-see","content":"190 Wait-and-see\n(1) If a provision of a settlement that creates an interest would, but for\nthis section and section 189, infringe the rule against perpetuities,\nthe interest is treated until the time (if any) it becomes certain that it\nmust vest (if at all) after the end of the perpetuity period as if the\nprovision did not infringe the rule and it becoming certain that it\ndoes infringe the rule does not affect the validity of a thing\npreviously done in relation to the interest.\n(2) No limitation in a provision of a settlement that creates a contingent\ninterest is to be treated as or declared to be invalid because it\ninfringes the rule against perpetuities by reason only of there being\na possibility of the interest vesting after the end of the perpetuity\nperiod.\n(3) Every contingent interest in a provision of a settlement capable of\nvesting before or after the end of the perpetuity period is to be\npresumed valid until events establish that the interest is incapable\nof vesting:\n(a) before the end of the perpetuity period, in which case the\ninterest is to be treated as or declared to be void; or\n(b) after the end of the perpetuity period, in which case the\ninterest is to be treated as or declared to be valid.\n(4) This section does not affect the operation of section 197.\n\nLaw of Property Act 2000 122\n","sortOrder":196},{"sectionNumber":"191","sectionType":"section","heading":"Reduction of age and exclusion of class members","content":"191 Reduction of age and exclusion of class members\n(a) a provision of a settlement creates an interest and the vesting\nof the interest depends on a person attaining a specified age;\nand\n(b) it becomes apparent that the provision would not infringe the\nrule against perpetuities if the specified age had been a lesser\nage,\nthe interest is, for all purposes, treated as if, instead of its vesting\ndepending on the person attaining the specified age, its vesting\ndepended on the person attaining the greatest age that, if\nsubstituted in place of the specified age, would save the provision\nfrom infringing the rule.\n(2) If an interest to which subsection (1) applies is subsequent to any\nother interest created by the settlement, the other interest is not\ndefeated or otherwise adversely affected by the operation of\n(3) If, in relation to an interest created by a provision of a settlement,\ndifferent ages are specified in relation to different persons:\n(a) the reference in subsection (1) to the specified age is\nconstrued as a reference to all the specified ages; and\n(b) subsection (1) operates to reduce each age specified so far as\nis necessary to save the provision from infringing the rule\nagainst perpetuities.\n(4) If a provision of a settlement creates an interest which is to be\ntaken by members of a class and it becomes apparent that the\ninclusion of a particular member of the class or an unborn person\n(who at birth would become a member or potential member of the\nclass) would, but for this subsection:\n(a) cause the provision to infringe the rule against perpetuities; or\n(b) prevent subsection (1) from operating to save the provision\nfrom infringing the rule,\nthe person is, unless the exclusion of the person would exhaust the\nclass, treated in relation to the interest as if the person were not a\nmember of the class and, if subsection (1) applies, that subsection\nhas effect accordingly.\n\nLaw of Property Act 2000 123\n(5) If this section has effect in relation to a provision to which\nsection 190 applies, the operation of this section does not affect the\nvalidity of a thing previously done in relation to the interest created\nby the provision.\n","sortOrder":197},{"sectionNumber":"192","sectionType":"section","heading":"Order of application of remedial provisions","content":"192 Order of application of remedial provisions\nFor the purposes of the rule against perpetuities, the following\nprovisions are to be applied in the following order:\n(a) section 190;\n(b) section 191(1);\n(c) section 191(4).\n","sortOrder":198},{"sectionNumber":"193","sectionType":"section","heading":"Administrative powers of trustees","content":"193 Administrative powers of trustees\n(1) In this section, administrative power means a power of a trustee\nother than a power to appoint, pay, transfer, advance, apply,\ndistribute or otherwise deal with trust property in or towards\nsatisfaction of the interest of a beneficiary under the trust or in or\ntowards satisfaction of a purpose of the trust.\n(2) The rule against perpetuities does not invalidate an administrative\npower in relation to trust property during the subsistence of a\nbeneficial interest in the trust property.\n(3) This section applies to an administrative power that takes effect or\nis exercised before or after the commencement of this Act.\n","sortOrder":199},{"sectionNumber":"194","sectionType":"section","heading":"Remuneration of trustees","content":"194 Remuneration of trustees\n(1) The rule against perpetuities does not invalidate a power or other\nprovision for remunerating a trustee for the trustee's services.\n(2) This section applies to a power or other provision for remunerating\na trustee taking effect before or after the commencement of this\nAct.\n","sortOrder":200},{"sectionNumber":"195","sectionType":"section","heading":"Superannuation and other funds","content":"195 Superannuation and other funds\nemployee includes a director, officer, servant and employee of an\nemployer.\n\nLaw of Property Act 2000 124\nfund means:\n(a) a provident, superannuation, retirement, sickness, accident,\nassurance, unemployment, pension or co-operative benefit\nfund, scheme, arrangement or provision; or\n(b) a fund, scheme, arrangement or provision for the education of\nchildren, for payments based on employment service or for\nlong service leave (if money is taken in lieu of leave) and\nincludes any like fund, scheme, arrangement or provision.\nself-employed person includes a person engaged in a lawful\nprofession, trade, occupation or calling.\n(2) The rule against perpetuities does not invalidate a fund established\nby a settlement for the benefit of:\n(a) employees;\n(b) self-employed persons;\n(c) spouses, children, grandchildren, parents, dependants or legal\npersonal representatives of employees or self-employed\npersons; or\n(d) persons duly selected or nominated for that purpose by\nemployees or self-employed persons in pursuance of the\nprovisions of the settlement.\n(3) The rule against perpetuities does not invalidate a trust established\nby a settlement and used for investing the assets of a fund referred\nto in subsection (2) (whether or not it is also used for investing other\nassets).\n(4) Subsection (3) does not affect the generality of subsection (2).\n(5) This section applies to settlements taking effect before or after\n","sortOrder":201},{"sectionNumber":"196","sectionType":"section","heading":"Determinable interests","content":"196 Determinable interests\ndeterminable interest means an interest created by a settlement\nthat is determinable on a contingency provided for in a provision of\nthe settlement.\n\nLaw of Property Act 2000 125\nsubsequent interest, in relation to a determinable interest, means\nan interest, whether vested or contingent:\n(a) created by the settlement that created the determinable\ninterest or remaining undisposed of by the settlement or taking\neffect by way of reverter, resulting trust, residuary gift or\notherwise on a possibility arising under the settlement; and\n(b) in relation to which the determinable interest is a prior interest.\n(2) The rule against perpetuities applies to render invalid the provision\nof a settlement providing for determination of a determinable\ninterest in the same manner as the rule would apply to render\ninvalid a condition subsequent in the settlement for defeasance of\nthe determinable interest on the same contingency.\n(3) If the rule applies to a determinable interest:\n(a) the determinable interest is not determinable; and\n(b) a subsequent interest not itself rendered invalid by the rule\nshall be postponed or defeated to the extent necessary to\nallow the determinable interest to have effect free from the\nprovision for determination.\n(4) For the purposes of this section, an interest created by, or a\nprovision in, an appointment or other exercise of a power in a\nsettlement (except a general power of appointment) is not to be\ntreated as an interest created by, or a provision in the settlement.\n(5) Notwithstanding subsection (2), the rule against perpetuities does\nnot apply to a gift over from one charity to another.\n","sortOrder":202},{"sectionNumber":"197","sectionType":"section","heading":"Options","content":"197 Options\nThe rule against perpetuities does not apply to:\n(a) an option to renew a lease of property; or\n(b) an option or right of pre-emption of a lessee to acquire a\nreversionary interest in property comprised in a lease.\n","sortOrder":203},{"sectionNumber":"198","sectionType":"section","heading":"Trusts for purposes that are not charitable","content":"198 Trusts for purposes that are not charitable\n(1) Subject to this section, this Act does not affect the operation of the\nrule against perpetual trusts for a purpose.\n(2) For the purposes of the rule against perpetual trusts, if there is a\ndisposition for a purpose by a settlement, the perpetuity period\napplicable to the disposition is a life in being plus 21 years or\n\nLaw of Property Act 2000 126\n80 years from the date on which the settlement takes effect,\nwhichever is specified in the settlement.\n(3) Despite subsection (2), if no perpetuity period is specified in the\nsettlement, the perpetuity period is to be taken to be 80 years from\nthe date on which the settlement takes effect.\n(4) If there is a disposition for a purpose by a settlement and the\ndisposition would, but for this Act, infringe the rule against perpetual\ntrusts, the disposition is to be treated, until that time (if any) that it\nbecomes certain that the disposition must infringe the rule, as if it\ndid not infringe the rule and the validity of a thing previously done in\nrelation to the disposition is not affected by it becoming certain that\nit must infringe the rule.\n(5) This section does not apply to a disposition for a purpose that is\ncharitable.\n","sortOrder":204},{"sectionNumber":"199","sectionType":"section","heading":"Dependent interests","content":"199 Dependent interests\n(1) If a provision of a settlement creates an interest, the provision is not\nrendered invalid by the rule against perpetuities or the rule against\nperpetual trusts by reason only that the interest is subsequent to\nand dependent on an interest that is rendered invalid.\n(2) If a provision of a settlement creates an interest that is subsequent\nto another interest and the other interest is rendered invalid by the\nrule against perpetuities or the rule against perpetual trusts, the\nacceleration of the vesting of the subsequent interest is not affected\nby reason only that the other interest is invalid.\n","sortOrder":205},{"sectionNumber":"200","sectionType":"section","heading":"Mitigation of rule of remorseless construction","content":"200 Mitigation of rule of remorseless construction\n(1) If a court construes a will or other instrument that makes a\ndisposition of property, the court may have regard to the fact that\nunder one possible construction the disposition would or might be\nvoid by virtue of the rule against perpetuities but under another\npossible construction it would or might be valid.\n(2) In considering which of those constructions is to be preferred, the\ncourt may take into account that the testator would probably have\nintended the construction under which the disposition would be\nvalid.\n(3) In the application of this section a court must not:\n(a) render a trustee or other person liable for an act done before\nthe commencement of this Act for which the trustee or person\nwould not have been liable if this Act had not come into\noperation; or\n\nLaw of Property Act 2000 127\n(b) enable a trustee or person to recover money distributed or\npaid under a trust, if the trustee or person could not have\nrecovered the money but for subsection (1).\n(4) This section applies to wills and other instruments making a\ndisposition of property executed before or after 1 August 1994.\n","sortOrder":206},{"sectionNumber":"201","sectionType":"section","heading":"Abolition of double possibility rule","content":"201 Abolition of double possibility rule\n(1) The rule of law prohibiting the limitation, after a life interest to an\nunborn person, of an interest in land to the unborn child or other\nissue of an unborn person is abolished but without prejudice to any\nother rule relating to perpetuities.\n(2) This section applies only in relation to dispositions or trusts created\nby an instrument coming into operation on or after 1 August 1994.\n","sortOrder":207},{"sectionNumber":"202","sectionType":"section","heading":"Accumulation of income","content":"202 Accumulation of income\n(1) If property is settled or disposed of so that the income of the\nproperty may be or is directed to be accumulated wholly or in part,\nthe power or direction to accumulate the income is valid only if the\ndisposition of the accumulated income is or may be valid.\n(2) Nothing in subsection (1) affects:\n(a) property settled or disposed of for a purpose that is charitable;\n(b) the power of a person to terminate an accumulation that is for\nhis or her benefit;\n(c) the jurisdiction or power of the Supreme Court to maintain or\nadvance out of accumulations; or\n(d) a power of a trustee under the Trustee Act 1893 or any other\nAct or law or an instrument creating a trust or making a\ndisposition.\n","sortOrder":208},{"sectionNumber":"203","sectionType":"section","heading":"Application of Part","content":"203 Application of Part\nThis Part applies to powers of appointment created or arising\nbefore and after the commencement of this Act.\n","sortOrder":209},{"sectionNumber":"204","sectionType":"section","heading":"Mode of exercise of powers","content":"204 Mode of exercise of powers\n(1) If a power of appointment by an instrument other than a will is\nexercised by deed, executed and attested under this Act, or, in the\n\nLaw of Property Act 2000 128\ncase of an instrument under the Land Title Act 2000, under that Act,\nthe deed or instrument is, in respect of the execution and\nattestation of the instrument, a valid exercise of the power\nnotwithstanding that some additional or other form of execution or\nattestation or solemnity is required by the instrument creating the\npower.\n(2) This section does not operate to defeat a direction in an instrument\ncreating a power of appointment that:\n(a) the consent of a particular person is necessary for there to be\na valid execution of the instrument by which the power is\nexercised; or\n(b) in order to give validity to an appointment, an act is to be\nperformed having no relation to the mode of executing and\nattesting the instrument.\n(3) This section does not prevent the donee of a power of appointment\nfrom exercising the power by writing or other than by an instrument\nexecuted and attested as a deed, and if the power of appointment\nis exercised in that manner this section does not apply.\n","sortOrder":210},{"sectionNumber":"205","sectionType":"section","heading":"Validation of appointments if objects are excluded or take","content":"205 Validation of appointments if objects are excluded or take\nillusory shares\n(1) An appointment that is made pursuant to the exercise of a power to\nappoint property among 2 or more objects is not invalid on the\nground that:\n(a) an unsubstantial, illusory or nominal share only is appointed to\nor left unappointed to devolve on any of the objects of the\npower; or\n(b) an object of the power is altogether excluded,\nand is valid even if an object of the power is not to take a share in\nthe property or is to take a share in the property in default of\nappointment.\n(2) This section does not affect any provision in an instrument creating\na power of appointment which declares the amount of a share from\nwhich an object of the power is not to be excluded.\n(3) This section applies to appointments made before or after the\n\nLaw of Property Act 2000 129\n","sortOrder":211},{"sectionNumber":"206","sectionType":"section","heading":"Protection of purchasers claiming under certain void","content":"206 Protection of purchasers claiming under certain void\nappointments\n(1) An instrument purporting to exercise a power of appointment over\nproperty that, in default of and subject to any appointment, is held in\ntrust for a class or number of persons including the appointee is not\nvoid on the ground of fraud on the power as against a purchaser in\ngood faith.\n(2) Notwithstanding subsection (1), if, having regard to any advances\nmade in the appointee's favour and to any hotchpot provision, the\ninterest appointed exceeds, in amount or value, the interest in\nproperty to which immediately before the execution of the\ninstrument referred to in subsection (1) the appointee was\npresumptively entitled under the trust in default of appointment, the\nprotection afforded by this section to a purchaser does not extend\nto the excess interest.\n(3) A person deriving title under a purchaser entitled to the benefit of\nthis section is entitled to the same benefit as the purchaser would\nhave been.\n(4) This section applies only to dealings effected after the\n(5) In this section, purchaser in good faith means a person dealing\nwith an appointee who is an adult for valuable consideration in\nmoney or money's worth and without notice of the fraud or any\ncircumstances from which, if reasonable inquiries had been made,\nthe fraud might have been discovered.\n","sortOrder":212},{"sectionNumber":"207","sectionType":"section","heading":"Disclaimer etc. of powers","content":"207 Disclaimer etc. of powers\n(1) A person to whom a power of appointment, whether or not coupled\nwith an interest, is given may by deed disclaim, release or contract\nnot to exercise the power and after making the disclaimer, release\nor contract is not capable of exercising or joining in the exercise of\nthe power.\n(2) Subject to the expression of a contrary intention in the instrument\ncreating a power of appointment, on the making of a disclaimer,\nrelease or contract referred to in subsection (1), the power may be\nexercised by any other person or persons or the survivor or\nsurvivors of any other person or persons to whom the power is\n(3) If a power of appointment is exercisable by an instrument which\nmay or is required to be registered under an Act, the power may be\nreleased or disclaimed by a memorandum in the approved form\nwhich may be registered under that Act.\n\nLaw of Property Act 2000 130\n(a) does not apply to a power of appointment coupled with a duty;\nand\n(b) applies to the exercise of a power of appointment created by\nan instrument coming into operation before or after the\n","sortOrder":213},{"sectionNumber":"208","sectionType":"section","heading":"Voluntary conveyances to defraud creditors voidable","content":"208 Voluntary conveyances to defraud creditors voidable\n(1) Subject to this section, every alienation of property made with intent\nto defraud creditors is voidable at the instance of any person\nprejudiced by the alienation of property.\n(2) This section does not affect the operation of the law of bankruptcy.\n(3) This section does not extend to an estate or interest in property\nconveyed for valuable consideration and in good faith to a person\nnot having, at the time of the conveyance, notice of the intent to\ndefraud creditors.\n(4) This section applies to every alienation of property whether made\nbefore or after the commencement of this Act.\n","sortOrder":214},{"sectionNumber":"209","sectionType":"section","heading":"Voluntary disposition of land voidable at instance of purchaser","content":"209 Voluntary disposition of land voidable at instance of purchaser\n(1) Every voluntary alienation of land made with intent to defraud a\nsubsequent purchaser is voidable at the instance of the purchaser.\n(2) For the purposes of this section, no voluntary disposition, whenever\nmade, is to be taken to have been made with intent to defraud only\nbecause a subsequent conveyance for valuable consideration is\nmade after the commencement of this Act.\n","sortOrder":215},{"sectionNumber":"210","sectionType":"section","heading":"Acquisitions of reversions at under value","content":"210 Acquisitions of reversions at under value\n(1) No acquisition of a reversionary interest in real or personal property\nfor money or money's worth that is made in good faith, without fraud\nor unfair dealing, is liable to be opened or set aside only on the\nground of under value.\n(2) In subsection (1), reversionary interest includes an expectancy or\npossibility.\n(3) This section does not affect the jurisdiction of the Court to set aside\nor modify unconscionable bargains.\n\nLaw of Property Act 2000 131\n","sortOrder":216},{"sectionNumber":"211","sectionType":"section","heading":"Definitions","content":"211 Definitions\nIn this Part:\nannuities includes salaries and pensions.\ndividends includes all payments made by the name of dividend,\nbonus, or otherwise out of the revenue of a company or other body\ncorporate incorporated under a statute and divisible between all or\nany of the members of the company or body corporate, whether the\npayments are usually made or declared at fixed times or otherwise.\nrents includes rent service, rent charge and rent seck and all\nperiodical payments or renderings instead of or in the nature of\nrent.\n","sortOrder":217},{"sectionNumber":"212","sectionType":"section","heading":"Rents etc. apportionable in respect of time","content":"212 Rents etc. apportionable in respect of time\n(1) All rents, annuities, dividends, and other periodical payments in the\nnature of income, whether reserved or made payable under an\ninstrument in writing or otherwise, are to be taken to be accruing\nfrom day to day like interest on money lent and to be apportionable\nin respect of time accordingly.\n(2) The apportioned part of rent, an annuity, or other payment referred\nto in subsection (1) is payable or recoverable:\n(a) in the case of a continuing rent, annuity, or any other\npayment – when the entire portion of which the apportioned\npart forms part becomes due and payable; or\n(b) in the case of rent or an annuity or other payment determined\nby re-entry, death or otherwise – when the next entire portion\nof which the apportioned part forms part would have been\npayable if the rent, annuity or payment had not determined,\nand not before.\n(3) A person and his or her executor, administrator and assigns, and\nalso the executor, administrator and assigns of a person whose\ninterests determined with his or her death, has or have the same\nremedies at law and in equity for recovering the apportioned parts\nwhen payable (taking into account the proportionate parts of all just\nallowances and deductions) as they would respectively have had\nfor recovering the entire portions if entitled to them.\n(4) Notwithstanding subsection (3), if a person is liable to pay rent\nreserved out of or charged on land, the person and the land are not\n\nLaw of Property Act 2000 132\nto be resorted to for an apportioned part forming part of an entire or\ncontinuing rent, but the entire or continuing rent (including the\napportioned part) is to be recovered and received by the person\nwho, if the rent had not been apportionable under this section or\notherwise, would have been entitled to the entire or continuing rent,\nand the apportioned part is recoverable from that person by\nproceedings by an executor, administrator or other party entitled to\nit under this section.\n","sortOrder":218},{"sectionNumber":"213","sectionType":"section","heading":"Exceptions and application","content":"213 Exceptions and application\n(1) Nothing in this Part renders apportionable an annual sum payable\nunder a policy of assurance (however described).\n(2) This Part does not apply if it is expressly stipulated that\napportionment is not to take place.\n","sortOrder":219},{"sectionNumber":"214","sectionType":"section","heading":"Application","content":"214 Application\n(1) This Part applies in respect of:\n(a) all property that devolves on the death or presumed death of a\nperson according to a law of the Territory; and\n(b) all appointments of trustees that are made according to a law\nof the Territory.\n(2) This Part applies to and in relation to:\n(a) deaths of persons who die after the commencement of this\nAct; and\n(b) presumed deaths of persons who are presumed after the\ncommencement of this Act to be dead,\nwhether the deaths or presumed deaths occur in the Territory or\nelsewhere.\n","sortOrder":220},{"sectionNumber":"215","sectionType":"section","heading":"Presumption of death","content":"215 Presumption of death\n(1) For the purposes of sections 216 and 217, a person:\n(a) whose death is not established;\n(b) who has been absent for a continuous period of 7 years during\nwhich he or she has not been heard from; and\n\nLaw of Property Act 2000 133\n(c) whose absence is not satisfactorily explained after diligent\nsearch or inquiry,\nis presumed to be dead.\n(2) A will, trust, settlement, disposition, appointment or other instrument\nby which property devolves on the death of a person does not take\neffect unless a court of competent jurisdiction of the Commonwealth\nor a State or Territory has, on the basis of the criteria in\nsubsection (1), made a finding that has the effect of presuming the\nperson to be dead.\n","sortOrder":221},{"sectionNumber":"216","sectionType":"section","heading":"Devolution of property in cases where order of death uncertain","content":"216 Devolution of property in cases where order of death uncertain\n(1) This section applies subject to the appearance of a contrary\nintention in a will, trust, settlement, disposition, appointment or any\nother instrument.\n(2) If 2 or more persons die or are presumed dead or 1 or more\npersons die and one or more persons are presumed dead in\ncircumstances which give rise to reasonable doubts as to which of\nthose persons survived the other or others of them:\n(a) subject to this section – the property of each of those persons\nis to devolve as if he or she had survived the other or others of\nthem and had died immediately afterwards;\n(b) a donatio mortis causa made by any of those persons to\nanother of those persons is void and of no effect;\n(c) in any case where any of those persons life is insured under a\npolicy of life or accident insurance and another or others of\nthem would, on surviving the insured person, be entitled (other\nthan under a will or on the intestacy of a person) to the\nproceeds or a part of the proceeds payable under the policy,\nthe proceeds are to be distributed as if the insured person had\nsurvived the other or each of the others and had died\nimmediately afterwards;\n(d) any property that is owned jointly and exclusively by any 2 or\nmore of those persons is to devolve as if it were owned by\nthem as tenants in common in equal shares when they died;\n(e) subject to subsection (3) – in any case where under a will or\ntrust or other disposition property would have passed (whether\nas the consequence of the operation of section 40 of the Wills\nAct 2000 or otherwise) to any of 2 or more possible\nbeneficiaries (who are from amongst those persons who die or\nare presumed dead) if any of the possible beneficiaries could\nbe shown to have survived the other or others of them, the\n\nLaw of Property Act 2000 134\ndevise or bequest or disposition takes effect as if the property\nwere given to the possible beneficiaries as tenants in common\nin equal shares, and the property is to devolve accordingly;\n(f) subject to subsection (4) – in any case of a power of\nappointment which could have been exercised in respect of\nany property by any 2 of more of those persons who die or are\npresumed dead if any of them could be shown to have\nsurvived the other or others of them, the power may be\nexercised as if an equal share of that property had been set\napart for appointment by each of those persons and as if each\nof those persons had the power of appointment in respect of\nthe share of that property set apart for appointment by him or\nher, and that share is to devolve in default of appointment by\nhim or her in the manner in which the property would have\ndevolved in default of appointment by him or her if he or she\nhad survived the other or others;\n(g) in any case where:\n(i) property is devised or bequeathed or appointed by will or\nother testamentary instrument to the survivor of 2 or\nmore of the testator's children or other issue; and\n(ii) all or the last survivors of those children or other issue\nare from amongst those persons who die or are\npresumed dead,\nthat provision applies as if the devise or bequest or\nappointment were in equal shares to those survivors who\nleave a child or children who survives or survive the testator;\nand\n(h) in any case where those persons who die or are presumed\ndead include a testator and one or more of his or her issue\n(however remote) and section 40 of the Wills Act 2000\napplies, the testator is to be taken to have survived all of his or\nher issue who die or are presumed dead and to have died\nimmediately afterwards and, accordingly, a devise or bequest\nby the testator to any of his or her issue who die or are\npresumed dead or who had already died during the testator's\nlifetime:\n(i) lapses unless any of the donee's issue, other than those\npersons who die or are presumed dead, survives the\ntestator; or\n\nLaw of Property Act 2000 135\n(ii) if any of the issue referred to in subparagraph (i)\nsurvives the testator – takes effect in accordance with\nthat provision.\n(3) Subsection (2)(e) does not apply in any case to which\nsubsection (2)(c) or (f) applies.\n(4) Subsection (2)(f) does not apply in any case to which\nsubsection (2)(c) applies.\n","sortOrder":222},{"sectionNumber":"217","sectionType":"section","heading":"Presumption of survivorship","content":"217 Presumption of survivorship\nIn any other case affecting the title to property or the appointment of\ntrustees not referred to in this Part:\n(a) if:\n(i) 2 or more persons die;\n(ii) 2 or more persons are presumed dead; or\n(iii) one or more persons die and one or more persons are\npresumed dead; and\n(b) the circumstances of those person's deaths or presumed\ndeaths gives rise to reasonable doubts as to which of those\npersons survived the other or others,\nthe deaths or presumed deaths or deaths and presumed deaths are\npresumed to have occurred in order of seniority and, accordingly,\nthe younger is presumed to have survived the elder.\n","sortOrder":223},{"sectionNumber":"218","sectionType":"section","heading":"Nothing in this Part prevents making of Re Benjamin orders","content":"218 Nothing in this Part prevents making of Re Benjamin orders\nNothing in this Part prevents the distribution of the estate of a\ndeceased person in the case where a beneficiary cannot be found\nand there is no evidence that the beneficiary predeceased the\ntestator.\n","sortOrder":224},{"sectionNumber":"219","sectionType":"section","heading":"Service of notices","content":"219 Service of notices\n(1) A notice required or authorised by this Act to be served on or given\nto a person or a notice served on, or given to a person under an\ninstrument or agreement that relates to property, may be served on\nor given to the person:\n(a) by delivering the notice to the person personally;\n\nLaw of Property Act 2000 136\n(b) by leaving it for the person at the person's usual or last known\nplace of residence or, if the person is in business as a\nprincipal, at the person's usual or last known place of\nbusiness;\n(c) by posting it to the person by registered mail as a letter\naddressed to the person at the person's usual or last known\nplace of residence or, if the person is in business as a\nprincipal, at the person's usual known place of business; or\n(d) in the case of a company, by leaving or posting it, as a letter\naddressed to the company at or to its registered office or\nprincipal place of business in the Territory\n(2) Unless the contrary is shown, a notice posted as specified in\nsubsection (1) is to be taken to have been served at the time when\nthe notice would be delivered by the ordinary course of post.\n(3) If the person is absent from the Territory, the notice may be\ndelivered as specified in subsection (1) to the person's agent in the\n(4) If the person is deceased, the notice may be served on or given to\nthe person's personal representative as specified in subsection (1).\n(5) If the person is not known, is absent from the Territory and has no\nknown agent in the Territory or is deceased and has no known\npersonal representative, the notice is to be served in the manner\ndirected by the Court.\n(6) Notwithstanding this section, the Court may make an order:\n(a) directing the manner in which a notice is to be served; or\n(b) dispensing with the service of a notice.\n(7) This section does not apply:\n(a) to notices served in proceedings in the Court; or\n(b) if the person serving the notice prevents its receipt by the\nperson on whom the notice is intended to be served.\n(8) This section applies to the service of a notice under an instrument,\nagreement or Act unless the instrument, agreement or Act specifies\nanother method of serving the notice.\n\n","sortOrder":225},{"sectionNumber":"Div 2","sectionType":"division","heading":"Transitional matters for Land Legislation Amendment Act 2023","content":"Division 2 Transitional matters for Land Legislation Amendment Act 2023\nLaw of Property Act 2000 137\n","sortOrder":226},{"sectionNumber":"220","sectionType":"section","heading":"Regulations","content":"220 Regulations\nThe Administrator may make regulations, not inconsistent with this\nAct, prescribing matters:\n(a) required or permitted by this Act to be prescribed; or\n(b) necessary or convenient to be prescribed for carrying out or\ngiving effect to this Act.\n","sortOrder":227},{"sectionNumber":"Div 1","sectionType":"division","heading":"Repeals","content":"Division 1 Repeals\n","sortOrder":228},{"sectionNumber":"221","sectionType":"section","heading":"Repeal","content":"221 Repeal\n(1) The Acts specified in Schedule 4 are repealed.\n(2) The repeal of the Real Property (Insurance Money Application)\nAct 1975 does not affect the operation of that Act in respect of a\ncontract entered into before the commencement of this Act.\nDivision 2 Transitional matters for Land Legislation\nAmendment Act 2023\n222 Definition\namending Act means the Land Legislation Amendment Act 2023.\n223 Application of section 89A\nSection 89A applies in relation to a mortgaged freehold property\ndisclaimed under section 133(1) of the Bankruptcy Act 1966 (Cth),\nor section 568(1) of the Corporations Act 2001 (Cth) whether the\nmortgage was made before or after the commencement of\nsection 46 of the amending Act (the commencement) if:\n(a) for a disclaimer under section 133(1) of the Bankruptcy\nAct 1966 (Cth) – the disclaimer was made on or after the\ncommencement; or\n(b) for a disclaimer under section 568(1) of the Corporations\nAct 2001 (Cth) – the disclaimer took effect on or after the\ncommencement.\n\nDivision 2 Transitional matters for Land Legislation Amendment Act 2023\nLaw of Property Act 2000 138\n","sortOrder":229},{"sectionNumber":"224","sectionType":"section","heading":"Application of proceeds of sales that took place before","content":"224 Application of proceeds of sales that took place before\ncommencement\nSection 93(3) does not apply in relation to the sale of a mortgaged\nfreehold property that took place before the commencement of\nsection 48 of the amending Act.\n\nLaw of Property Act 2000 139\nsection 20(9)\n1. Procedure in cases of escheat or other like cases\nWhen a question arises as to the title of the Crown to land in a case\nof escheat or alleged escheat or of bona vacantia or alleged bona\nvacantia, or in any other case in which an inquest of office might\nhave been held, the truth of the matter is to be ascertained as\nprescribed in this Schedule.\n2. Writ of inquisition\nIn the event of a question referred to in clause 1, a writ called a writ\nof inquisition is to be issued from the Court on the fiat of a Law\nOfficer to the Local Court, and is to command the Local Court to\nmake diligent inquiry into the matter and to certify under his, her or\nits hand and seal the facts respecting the failure of the heirs or next\nof kin of an intestate, the alienage of a grantee or any other facts\nthat are necessary to establish whether the Crown has title to the\n3. Return of writ\nThe writ of inquisition and the certificate of the Local Court is to be\nreturned to the Court as soon as reasonably possible, and any\nperson aggrieved by the certificate is entitled to traverse or object to\nthe writ or certificate in the manner and within the time provided by\nthe Supreme Court Rules 1987 or, if the Rules do not make\nprovision for the making of the objection, not later that 1 month after\nthe return of the writ.\n4. Writ to be returned before new grant made\nNo grant of any land alleged to be escheated or to have become\nbona vacantia is to be made until after the writ of inquisition and a\ncertificate finding the title of the land has been returned into the\nCourt and the time for traversing the writ or certificate has expired.\n5. Effect of certificate\nSubject to this Schedule or the Supreme Court Rules 1987, the\ncertificate is conclusive evidence of the facts stated in it.\n\nLaw of Property Act 2000 140\n6. Saving\nProceedings on a writ of inquisition do not prejudice any rights\nwhich, at the time of the death of the person that led to the issue of\nthe writ, were vested in some other person.\n7. Procedure when waiver by the Crown\n(1) If, at a time not later than 2 months after an instrument waiving the\ntitle of the Crown to any property is made under section 20(3), a\nperson claiming an interest in or to the property requests that a writ\nof inquisition in respect of the Crown's title be issued and gives\nsecurity to the satisfaction of a Law Officer for the costs of the issue\nand execution of the writ, a writ may issue under this Schedule and\nthe instrument waiving the right of the Crown ceases to have effect\nfrom the date the writ issues.\n(2) If the title of the Crown to the property is established by a certificate\nreturned under clause 3 of this Schedule, a further instrument\nwaiving the right of the Crown may be made under section 20(3)\nafter the time for traversing the writ and certificate has expired, but\nno further request for the issue of a writ may be made under this\nclause.\n(3) If an instrument is made under section 20(3) waiving the right of the\nCrown to land, clause 1 is to be read subject to this clause with the\nexception that a writ of inquisition at the instance of the Crown may\nissue at any time.\n8. Power to regulate procedure with respect to escheats to the\nCrown\nThe Court may make rules prescribing and regulating the procedure\nof the Court on and incidental to a writ of inquisition and\nconsequential on the holding of inquiries under the writ.\n9. Interpretation\nIn this Schedule, Law Officer means the Attorney-General, the\nSolicitor for the Northern Territory or the Solicitor-General of the\nNorthern Territory.\n\nLaw of Property Act 2000 141\nsection 120\nDIRECTIONS AS TO THE FORMS IN THIS SCHEDULE\n1. Parties who use a form of words in Column 1 may substitute for the\nwords \"lessee\" or \"lessor\" the name or names of the lessee or\nlessor respectively and, if that is done, corresponding substitutions\nare to be taken to be made in the corresponding form of words in\nColumn 2.\n2. Parties may substitute one gender for another, or the plural number\nfor the singular, in a form of words in Column 1 and corresponding\nchanges are to be taken to be made in the corresponding form of\nwords in Column 2.\n3. Parties may complete the blank spaces left in a form of words in\nColumn 1 with any words or figures and those words or figures are\nto be taken to be inserted in the corresponding blank spaces left in\nthe corresponding form of words in Column 2.\n4. Parties may introduce into or annex to a form in Column 1 any\naddition to, exception from or qualification of the form, or may strike\nout or omit any words from Column 1, and a form of words that\nwould give effect to the intention indicated by the addition,\nexception, qualification, striking out or omission is to be taken to be\nadded to the corresponding form in Column 2.\n5. The covenants in Column 2 are to be taken to be made with or by\nand to apply to the lessor or lessee, as the case may be.\nCOVENANTS\nColumn 1 Column 2\n1. That the lessee covenants with\nthe lessor to pay rent.\n1. The lessee covenants with and\npromises to the lessor that the lessee\nwill, during the term, pay to the lessor\nthe rent reserved in the manner\npreviously mentioned without any\ndeduction other than a deduction\nwhich the lessee is entitled to make\nunder an Act.\n\nLaw of Property Act 2000 142\n2. Provided that in the event of\ndamage by fire, lightning, flood, or\ntempest, rent is to abate until the\npremises are restored.\n2. Provided that if the leased\npremises, or a part of the leased\npremises, is during the term of the\nlease destroyed or damaged by fire\nwithout fault on the part of the lessee,\nflood, lightning, storm, or tempest, so\nas to render the leased premises unfit\nfor the occupation and use of the\nlessee, then, and so often as that\nhappens, the rent reserved, or a\nproportionate part of the rent,\naccording to the nature and extent of\nthe damage sustained, abates and\nthe remedies for recovery of the rent\nor the proportionate part of the rent\nare suspended until the leased\npremises have been rebuilt or made\nfit for the occupation and use of the\n3. And to pay taxes, except for\nlocal improvements.\n3. And also that the lessee will\npay all taxes, rates and assessments\nof any kind, whether imposed under\nthe Local Government Act 2019 or\nanother Act or otherwise, which are\nduring the term charged on the\nleased premises or on the lessor on\naccount of the leased premises\nexcept for taxes for local\nimprovements or works assessed on\nthe property benefited by them.\n4. And to maintain and leave the\npremises in good repair (having\nregard to their condition at the\ncommencement of the lease),\nreasonable wear and tear and\ndamage by fire, lightning, flood and\ntempest excepted.\n4. And also that during the term\nthe lessee will, if and whenever the\nneed arises, but having regard to the\ncondition of the leased premises at\nthe commencement of the lease and\nexcepting reasonable wear and tear\nand damage by fire, lightning, flood\nand tempest occurring during the\nterm:\n(a) well and sufficiently maintain,\nrepair, and keep; and\n(b) at the expiration or sooner\ndetermination of the term\npeaceably surrender and yield\n\nLaw of Property Act 2000 143\nup to the lessor,\nthe leased premises in good and\nsubstantial repair, including all\nappurtenances, buildings, erections\nand fixtures of or belonging to the\nleased premises or lawfully made or\nerected by the lessor on or within the\nleased premises during the term.\n5. And that the lessor may enter\nand view the state of repair, and that\nthe lessee will repair according to\nnotice in writing, and that in default\nthe lessor may repair.\n5. That the lessor, may, by\nhimself or herself or the lessor's\nagents, during the term at a\nreasonable time of the day and on\ngiving to the lessee 2 days previous\nnotice, enter on the leased premises\nand view the state of repair of the\nleased premises and may serve on\nthe lessee or leave at the lessee's\nlast or usual place of residence in the\nTerritory or on the leased premises a\nnotice in writing of a defect requiring\nthe lessee, within a reasonable time,\nto repair the defect in accordance\nwith a covenant expressed or implied\nin the lease, and that in default of the\nlessee so doing it is lawful for the\nlessor to enter and execute the\nrequired repairs.\n6. And that the lessor may enter\nand carry out requirements of public\nauthorities and repairs under the\nlease.\n6. That the lessor may, by himself\nor herself or the lessor's agents, at all\nreasonable times during the term of\nthe lease, with workers and others\nand all necessary materials and\nappliances, enter on the leased\npremises or a part of the leased\npremises for the purpose of\ncomplying with the terms of any\npresent or future legislation affecting\nthe premises and any notices served\non the lessor or lessee by a licensing,\nlocal or other competent authority\nconcerning the destruction of noxious\nweeds or animals or the carrying out\nof repairs, alterations or works of a\nstructural character which the lessee\nmay not be bound or, if bound, may\nfail to do, and also for the purpose of\n\nLaw of Property Act 2000 144\nexercising the powers and authorities\nof the lessor under the lease.\nHowever, the destruction, repairs,\nalterations or works are to be carried\nout by the lessor without undue\ninterference with the occupation and\nuse of the leased premises by the\n7. And to insure from fire in the\njoint names of the lessor and the\n7. And also that the lessee will\nimmediately insure the leased\npremises to the full insurable value of\nthe leased premises in an insurance\noffice approved by the lessor in the\njoint names of the lessor and the\nlessee and keep the leased premises\nso insured during the term of the\nlease, and will on the request of the\nlessor show to the lessor the receipt\nfor the last premium paid for the\ninsurance, and as often as the leased\npremises is destroyed or damaged by\nfire the whole of each sum or sums of\nmoney which is recovered or received\nfor or in respect of the insurance is to\nbe laid out and expended in building\nor repairing the leased premises or\nthe parts of the leased premises that\nare destroyed or damaged by fire.\n8. And to paint outside every\n( ) year.\n8. And also that the lessee will, in\nevery ( ) year during the term of\nthe lease, paint, in a well executed\nmanner, all the outside woodwork and\nironwork of or belonging to the leased\npremises usually painted with 2 coats\nof proper paint.\n9. And to paint and paper inside\nevery ( ) year.\n9. And also that the lessee will, in\nevery ( ) year, in a well executed\nmanner, paint the inside wood, iron\nand other works usually painted with\n2 coats of proper paint and also will\nrepaper the parts of the premises that\nare papered with paper of the same\nquality and wash, stop, whiten, or\ncolour the parts of the leased\n\nLaw of Property Act 2000 145\npremises that are plastered.\n10. And to fence. 10. And also that the lessee will,\nduring the term of the lease, erect\nand put up on the boundaries of the\nleased land, or on the boundaries on\nwhich no substantial fence exists, a\ngood and substantial fence.\n11. And to keep up fences. 11. And also that the lessee will\nduring the term of the lease keep up\nthe fences and walls of or belonging\nto the fences and walls of the leased\npremises and make anew the parts of\nthe leased premises that may require\nto be renewed and at proper seasons\nof the year.\n12. And to cultivate. 12. And also that the lessee will\nduring the continuance of the lease\ncultivate, use, and manage all parts of\nthe land that are or may be broken up\nor converted into tillage in a proper\nand careful manner, and will not\nimpoverish or waste the land.\n13. That the lessee will not cut\ntimber.\n13. And also that the lessee will\nnot cut down, fell, injure, or destroy\nany growing or living timber or timber-\nlike trees standing on the leased land\nwithout the consent in writing of the\nlessor.\n14. That the lessee will not without\nconsent use premises otherwise than\nas a private dwelling house.\n14. And also that the lessee or any\nsubtenant will not convert, use or\noccupy the leased premises or a part\nof the leased premises into or as a\nshop, warehouse or other place for\ncarrying on a trade or business or\notherwise than as a private dwelling\nhouse, or suffer the premises to be\nused for such a purpose, without the\nconsent in writing of the lessor.\n15. And will not assign or sublet\nwithout leave; no fine to be taken.\n15. And also that the lessee or a\nsubtenant will not, during the term of\nthe lease, assign, transfer, demise,\nsublet or part with the possession of\nthe leased premises or a part of the\n\nLaw of Property Act 2000 146\nleased premises, or by any act or\ndeed procure the leased premises or\na part of the leased premises to be\nassigned, transferred, leased, sublet\nto or put into the possession of\nanother person, without the licence or\nconsent in writing of the lessor, but\nthe lessor's licence or consent is not\nto be refused in the case of a\nproposed respectable and\nresponsible assign, tenant or\noccupier.\nProvided further, that no fine or sum\nof money in the nature of a fine is\npayable for or in respect of the\nlicence or consent, but this proviso\ndoes not preclude the right of the\nlessor to require the payment of a\nreasonable sum in respect of any\nlegal or other expenses incurred in\nrelation to the licence or consent.\n16. That the lessee will not carry\non any offensive trade.\n16. That the lessee or a subtenant\nwill not during the term of the lease\nuse, exercise or carry on, or permit or\nsuffer to be used, exercised or carried\non in or on the leased premises or a\npart of the leased premises any\nnoxious, noisome, or offensive art,\ntrade, business, occupation or calling,\nand no act, matter or thing which is,\nmay be or may grow to be the\nannoyance, nuisance, grievance,\ndamage or disturbance of the\noccupiers or owners of a\nneighbouring premises is to be done\nin or on the leased premises or a part\nof the leased premises during the\nterm of the lease.\n17. That the lessee will carry on\nthe business of a licensee in\naccordance with the Liquor Act 2019\nand conduct the same in an orderly\nmanner.\n17. And also that the lessee or a\nsubtenant will during the term of the\nlease use, exercise and carry on in\nand on the leased premises the trade\nor business of a licensee in\naccordance with the Liquor Act 2019,\nand keep open and use the buildings\non the leased land as and for a hotel,\n\nLaw of Property Act 2000 147\nand manage and conduct his or her\ntrade or business in a quiet and\norderly manner, and will not do,\ncommit or permit or suffer to be done\nor committed an act, matter or thing\nby which or by means of which a\nlicence is or may be forfeited or\nbecome void or liable to be taken\naway, suppressed or suspended, and\nwill comply in all respects with the\nrequirements of the Liquor Act 2019.\n18. And will apply for renewal of\n18. And also that the lessee or a\nsubtenant will during the term of the\nlease, at the proper time, apply for\nand endeavour to obtain at the\nperson's own expense all licences\nthat are or may be necessary for\ncarrying on the trade or business of a\nlicensee in accordance with the\nLiquor Act 2019 in and on the leased\npremises and for keeping the\nbuildings open as and for a hotel.\n19. And will facilitate the transfer of\n19. And also that the lessee or a\nsubtenant will, at the expiration or\nsooner determination of the lease,\nsign, give the notice or notices of a\nrenewal or transfer of a licence\nrequired by law to be affixed to the\nleased premises and allow the notice\nor notices to be affixed and remain\naffixed during the time or times\nnecessary or expedient in that behalf,\nand generally to do and perform all\nother acts, matters and things that are\nnecessary to enable the lessor, or\nany person authorised by the lessor,\nto obtain the renewal of a licence or a\nnew licence or the transfer of a\n20. The (lessor) covenants with\nthe (lessee) for quiet enjoyment.\n20. And the lessor covenants with\nthe lessee that the lessee paying the\nrent reserved, and performing the\ncovenants on the lessee's part, will\npeaceably possess and enjoy the\nleased premises for the term granted\nwithout any interruption or\n\nLaw of Property Act 2000 148\ndisturbance from the lessor or any\nother person or persons lawfully\nclaiming by, from or under the lessor.\n21. And that the lessee may\nremove the lessee's fixtures.\n21. And also that the lessee may\nat or prior to the expiration of the\nlease take, remove and carry away\nfrom the leased premises all fixtures,\nfittings, plant, machinery, utensils,\nshelving, counters, safes or other\narticles on the leased premises in the\nnature of trade or tenants' fixtures\nbought on the leased premises by the\nlessee, but the lessee in doing so\nmust not damage the leased\npremises or must immediately make\ngood any damage which the lessee\nmay do to them.\n\nLaw of Property Act 2000 149\nsection 157\nPart A\nRights under a Right of Way\nThe person entitled to the use or benefit of an easement or easement in gross\nof a right of way may, for all purposes, enter on and pass along or over the\nservient land with or without a vehicle.\nPart B\nPurpose of and Powers under Other Easements or Easements in Gross\nDescription Purpose Powers\n1. Sewerage\nSupplying a\nsewerage service to\nor conveying a\nsewerage service\nunder, through or\nconstruct, lay down, take up, use,\npipes for the purpose of supplying\nor conveying a sewerage service\nand to enter the servient land at any\n2. Water\nSupplying a water\nsupply service to or\nconveying a water\nsupply service\nconstruct, lay under, on or above\nthe servient land, take up, use,\npipes for the purpose of supplying\nor conveying a water supply service\nand to enter the servient land at any\n3. Drainage\nDraining water,\nsewerage or\nanother effluent\nfrom, through,\nunder or across the\nconstruct, lay down, take up, use,\ndrains or drainage pipes for the\npurpose of draining an effluent and\nto enter the servient land at any\n\nLaw of Property Act 2000 150\n4. Electricity\nSupplying an\nelectricity service to\nor conveying an\nelectricity service\nTo:\n(a) break the surface of, dig,\nopen up and use the servient\n(b) construct, lay under, on or\nabove the surface of the\nservient land and use ducts,\npipes, poles, conductors,\ncables wires and other\nworks;\n(c) construct, lay under, on or\nabove the surface of the\nservient land and use\nincidental or ancillary works\nfor the transmission of\nelectricity, including\nmanholes and cable\nmarkers;\n(d) erect on or above the\nservient land and use poles,\nequipment for transforming\nelectricity and incidental or\nancillary works, including\nwalls or other structures;\n(e) inspect, take up, maintain,\nrepair, alter, remove, relay or\nreplace works referred to in\nparagraphs (b), (c) or (d);\nand\n(f) transmit electricity by means\nof works referred to in\nparagraphs (b), (c) or (d),\nfor the purpose of supplying or\nconveying an electricity service and\nto enter on and pass along or over\nthe servient land (with or without a\nvehicle or equipment) to do so.\n\nLaw of Property Act 2000 151\n5. Electronic\nSupplying an\nelectronic\nservice to or\nconveying an\nelectronic\nservice through,\nTo:\n(a) break the surface of, dig,\nopen up and use the servient\n(b) construct, lay under the\nsurface of the servient land\nand use ducts, pipes,\nconductors, cables wires and\nother works;\n(c) construct, lay on or above\nthe surface of the servient\nland and use incidental or\nancillary works for the\ntransmission of an electronic\ncommunications service,\nincluding manholes and\ncable markers; and\n(d) inspect, take up, maintain,\nrepair, alter, remove, relay or\nreplace works referred to in\nparagraphs (a), (b) or (c),\nfor the purpose of supplying or\nconveying an electronic\ncommunications service and to\nenter on and pass along or over the\nservient land (with or without a\nvehicle or equipment) to do so.\n6. Energy\nSupplying gas,\nliquid fuels, water or\nother liquids\ncapable of\nconveying energy to\nor conveying gas,\nliquid fuels, water or\nother liquids\ncapable of\nconveying energy\nconstruct, lay under, on or above\nthe surface of the servient land,\ntake up, use, maintain, repair, relay\nor inspect pipes and incidental or\nancillary works for the purpose of\nconveying gas, liquid fuels or liquids\ncapable of conveying energy and to\nenter the servient land at any time\n(with or without a vehicle or\n\nLaw of Property Act 2000 152\n7. General\nservice easement\nSupplying to or\nconveying through,\nland a sewerage\nservice, water\nservice, electricity\nservice or\nservice by\nelectronic means, to\ndrain water,\nsewerage or other\neffluents from,\nthrough, under or\nland or to supply to\nor convey through,\nland gas, liquid\nfuels, water or other\nliquid fuels capable\nof conveying\nenergy.\nTo do any thing and take any action\non the servient land that is\ndescribed in this Column at items 1\nto 6 inclusive.\n\nLaw of Property Act 2000 153\nsection 221\nNumber and Year Short Title or Subject Matter\nIMPERIAL ACTS\n51 Hen. 3, St.4 of 1266 Distress for rent\n52 Hen. 3,c.23 of 1267 Statute of Marlborough (waste)\n3 Edw. 1,c.16 of 1275 Distress for rent\n13 Edw. 1,st.1,c.1 of 1285 De Donis Conditionalibus\n13 Edw. 1,St.1,c.2 of 1285 Vexatious Replevins\n13 Edw. 1,St.1,c.22 of 1285 Waste\n13 Edw. 1,St.1,c.37 of 1285 Distress\n18 Edw. 1,St.1 of 1290 Quia Emptores\n17 Edw. 2,St.1,c.6 of 1324 De Prerogativa Regis\n1 Edw. 3,St.2,c.12 of 1327 Fines on Alienation\n1 Edw. 3,St.2,c.13 of 1327 Tenants in Capite\n34 Edw. 3,c.15 of 1361 Confirmation of Grants\n34 Edw. 3,c.16 of 1361 Statute of Non-claim\n50 Edw. 3,c.16 of 1376 Fraudulent assurances\n1 Ric. 3,c.7 of 1483 Statute of Fines\n3 Hen. 7,c.4 of 1487 Deeds of gift of chattels\n4 Hen. 7,c.24 of 1487 Statute of Fines\n27 Hen. 8,c.10 of 1535 Statute of Uses\n31 Hen. 8,c.1 of 1539 Statute of Partition\n32 Hen. 8,c.9 of 1540 Pretenced Titles\n32 Hen. 8,c.28 of 1540 Validation of leases\n\nLaw of Property Act 2000 154\n32 Hen. 8,c.31 of 1540 Recoveries\n32 Hen. 8,c.32 of 1540 Statute of Partition\n32 Hen. 8,c.34 of 1540 Grantees of Reversions\n32 Hen. 8,c.36 of 1540 Statute of Fines\n32 Hen. 8,c.37 of 1540 Executors to recover arrears of rent\n1 & 2 Phill. & Mary,c,12 of 1554 Impounding of distress\n13 Eliz. 1,c.5 of 1570 Fraudulent conveyances\n14 Eliz. 1,c.8 of 1572 Recoveries\n27 Eliz. 1,c.4 of 1585 Fraudulent conveyances\n12 Car. 2,c.24 of 1660 Tenures Abolition Act\n17 Car. 2,c.7 of 1665 Distress for Rents\n18 & 19 Car. 2,c.11 of 1666 Cestui que Vie Act, 1666\n29 Chas. 2,c.3 of 1677 Statute of Frauds, 1677\n2 Wm. & Mary, Sess.1,c.5 of 1689 Distress for Rent Act, 1689\n4 & 5 Anne, c.16(orc.3) of 1705 Administration of Justice Act\n6 Anne, C.72 (or c.18) of 1707 Cestui que Vie Act, 1707\n8 Anne, C.18 (or c.14) of 1709 Landlord and Tenant Act, 1709\n4 Geo. 2,c.28 of 1730 Landlord and Tenant Act, 1730\n11 Geo. 2,c.19 of 1737 Distress for Rent Act, 1737\n14 Geo 3.c78 Fires Prevention (Metropolis)\nAct, 1774\n54 Geo. 3,C.145 of 1814 Corruption of the Blood Act, 1814\n56 Geo. 3,c.16 of 1816 Receiver of Crown Rents Act\n57 Geo. 3,c.93 of 1817 Distress (Costs) Act, 1817\n1 Geo. 4,c.17 of 1820 Recovery of possession by landlords\n7 & 8 Geo. 4,c.17 of 1827 Distress (Costs) Act, 1827\n\nLaw of Property Act 2000 155\n11 Geo. 4 and 1 Wm 4,c.46 of 1830 Illusory Appointments Act 1830\nACTS OF THE STATE OF SOUTH AUSTRALIA\nNo. 15 of 1843 Ordinance to facilitate the Conveyances of Real\nEstate\nNo. 15 of 1845 An ordinance to render effectual conveyances by\nmarried women and to declare the effect of certain\ndeeds in relation to dower\nNo. 25 of 1852 An Act to amend the Law of Real Property\nNo. 6 of 1860 The Real Property Act of 1860\nNo. 7 of 1862 An Act to give certain trustees, mortgagees, and\nothers certain powers now commonly inserted in\nsettlements, mortgages and wills\nNo. 142 of 1879 An Act to amend the Law relating to Sales of\nReversions\nNo. 182 of 1880 The Settled Estates Act 1880\nNo. 228 of 1881 The Estates Tail Act, 1881\nNo. 203 of 1881 The Partition Act, 1881\nNo. 459 of 1889 The Settled Estates Act Amendment Act\nNo. 898, 1905 Apportionment Act, 1905\nACTS OF THE NORTHERN TERRITORY\nNo. 42 of 1965 Supreme Court Ordinance Repeal Ordinance 1965\nNo. 7 of 1975 Real Property (Insurance Money Application)\nAct 1975\nNo. 31 of 1994 Perpetuities Act 1994\n\nLaw of Property Act 2000 156\n1 KEY\nKey to abbreviations\namd = amended od = order\napp = appendix om = omitted\nbl = by-law pt = Part\nch = Chapter r = regulation/rule\ncl = clause rem = remainder\ndiv = Division renum = renumbered\nexp = expires/expired rep = repealed\nf = forms s = section\nGaz = Gazette sch = Schedule\nhdg = heading sdiv = Subdivision\nins = inserted SL = Subordinate Legislation\nlt = long title sub = substituted\nnc = not commenced\n2 LIST OF LEGISLATION\nLaw Of Property Act 2000 (Act No. 1, 2000)\nAssent date 14 March 200\nCommenced 1 December 2000 (Gaz G38, 27 September 2000, p 2)\nLaw of Property (Consequential Amendments) Act 2000 (Act No. 46, 2000)\nAssent date 12 September 2000\nCommenced 1 December 2000 (s 2, s 2 Law of Property Act 2000 (Act\nNo. 1, 2002) and Gaz G38, 27 September 2000, p 2)\nLaw of Property Amendment Act (No. 2) 2000 (Act No. 61, 2000)\nAssent date 14 November 2000\nCommenced 1 March 2001 (s 2, s 2 Wills Act 2000 (Act No. 59, 2000) and\nGaz G48, 16 December 2000, p 3)\nUnit Titles (Consequential Amendments – Building Development) Act 2001 (Act No. 15,\n2001)\nAssent date 28 June 2001\nCommenced 1 March 2002 (s 2, s 2 Unit Titles Amendment Act 2001 (Act\nNo.14, 2001) and Gaz G8, 2002, p 6)\nCorporations Reform (Consequential Amendments NT) Act 2001 (Act No. 17, 2001)\nAssent date 29 June 2001\nCommenced 15 July 2001 (s 2, s 2 Corporations Act 2001 (Cth Act No. 50,\n2001) and Cth Gaz S285, 13 July 2001)\nStatute Law Revision Act 2002 (Act No. 18, 2002)\nAssent date 7 June 2002\nCommenced 7 June 2002\nStatute Law Revision Act 2003 (Act No. 12, 2003)\nAssent date 18 March 2003\nCommenced 1 December 2000 (s 2(2), s 2 Law of Property Act 2000 (Act\nNo. 1, 2002) and Gaz G38, 27 September 2000, p 2)\n\nLaw of Property Act 2000 157\nStatute Law Revision Act 2004 (Act No. 18, 2004)\nAssent date 15 March 2004\nCommenced pt C: 15 March 2004; pt B: 1 July 2004 (s 2(2) and (3), s 2\nBusiness Tenancies (Fair Dealings) 2003 (Act No. 55, 2003)\nand Gaz G9, 3 March 2004, p 5)\nJustice Portfolio (Miscellaneous Amendments) Act 2005 (Act No. 20, 2005)\nAssent date 6 May 2005\nCommenced 13 July 2005 (Gaz G28, 13 July 2005, p 3)\nLegal Profession (Consequential Amendments) Act 2007 (Act No. 7, 2007)\nAssent date 17 May 2007\nCommenced s 10: 1 July 2007; rem: 17 May 2007 (s 2 and Gaz G26,\n27 June 2007, p 3)\nJustice Legislation Amendment Act 2008 (Act No. 2, 2008)\nCommenced pt 6: 1 May 2008 (Gaz G17, 30 April 2008, p 5);\nrem: 2 April 2008 (Gaz G13, 2 April 2008, p 6)\nLand Title and Related Legislation Amendment Act 2008 (Act No. 3, 2008)\nCommenced pt 6: 18 March 2009 (Gaz G11, 13 March 2009, p 4);\nrem: 1 July 2009 (Gaz S30, 26 June 2009)\nStatute Law Revision Act 2008 (Act No. 6, 2008)\nCommenced 11 March 2008\nUnit Title Schemes Act 2009 (Act No. 14, 2009)\nAssent date 26 May 2009\nCommenced pt 2.3, div 3, sdv 4 and s 135 (to ext ins s 54C):\n1 January 2010; s 111: 1 July 2010; rem: 1 July 2009 (s 2,\nGaz S30, 26 June 2009, p 1, s 2 Land Title and Related\nLegislation Amendment Act 2008 (Act No. 3, 2008) and Gaz\nS30, 26 June 2009, p 1)\nJustice Legislation Amendment (Penalties) Act 2010 (Act No. 12, 2010)\nAssent date 20 May 2010\nCommenced 1 July 2010 (Gaz G24, 16 June 2010, p 2)\nMineral Titles (Consequential Amendments) Act 2010 (Act No. 37, 2010)\nAssent date 18 November 2010\nCommenced 7 November 2011 (Gaz G41, 12 October 2011, p 5)\nElectronic Conveyancing (National Uniform Legislation) Act 2013 (Act No. 13, 2013)\nAssent date 6 June 2013\nCommenced 17 July 2013 (Gaz G29, 17 July 2013, pp 2 and 3)\nStatute Law Revision Act 2014 (Act No. 38, 2014)\nAssent date 13 November 2014\nCommenced 13 November 2014\nStatute Law Revision Act 2017 (Act No. 4, 2017)\nAssent date 10 March 2017\nCommenced 12 April 2017 (Gaz G15, 12 April 2017, p 3)\n\nLaw of Property Act 2000 158\nBirths, Deaths and Marriages Registration and Other Legislation Amendment 2018 (Act\nNo. 30, 2018)\nAssent date 5 December 2018\nCommenced 6 December 2018 (s 2)\nLiquor Act 2019 (Act No. 29, 2019)\nAssent date 3 September 2019\nCommenced 1 October 2019 (Gaz G39, 25 September 2019, p 2)\nLocal Government Act 2019 (Act No. 39, 2019)\nAssent date 13 December 2019\nCommenced pt 8.6: 1 July 2022; rem: 1 July 2021 (Gaz S27,\n30 June 2021)\nAmending Legislation\nStatute Law Revision Act 2020 (Act No. 26, 2020)\nAssent date 19 November 2020\nCommenced 20 November 2020 (s 2)\nLocal Government Amendment Act 2021 (Act No. 15, 2021)\nAssent date 25 May 2021\nCommenced 26 May 2021 (s 2)\nLand Legislation Amendment Act 2023 (Act No. 3, 2023)\nAssent date 2 March 2023\nCommenced 2 January 2024 (Gaz G16, 3 August 2023, p 1)\n3 GENERAL AMENDMENTS\nGeneral amendments of a formal nature (which are not referred to in the table\nof amendments to this reprint) are made by the Interpretation Legislation\nAmendment Act 2018 (Act No. 22 of 2018) to: ss 1, 4, 11, 20, 30, 35, 37, 40,\n47, 48, 67, 68, 75, 76, 77, 79, 91, 97, 102, 114, 126, 128, 136, 143, 156, 163,\n167, 169, 174, 177, 178, 183, 202, 204, 216, 221 and sch 1 and 2.\n4 LIST OF AMENDMENTS\ns 4 amd No. 18, 2002, s 6; No. 7, 2007, s 16\ns 14 amd No. 30, 2018, s 21\ns 20 amd No. 17, 2001, s 21\ns 34 hdg amd No. 4, 2017, s 34\ns 47 amd No. 13, 2013, s 15\ns 48 amd No. 17, 2001, s 21; No. 38, 2014, s 2\ns 57 amd No. 17, 2001, s 21\ns 67 amd No. 15, 2001, s 6; No. 14, 2009, s 138\ns 68 amd No. 34, 2017, s 34\ns 72A ins No. 3, 2008, s 55\ns 75 amd No. 12, 2010, s 3\ns 79 amd No. 46, 2000, s 3; No. 37, 2010, s 13; No. 38, 2014, s 2\ns 89A ins No. 3, 2023, s 46\ns 90 amd No. 3, 2023, s 47\ns 93 amd No. 46, 2000, s 3; No. 3, 2023, s 48\ns 114 amd No. 18, 2004, s 3\ns 136 amd No. 37, 2010, s 13\n\nLaw of Property Act 2000 159\ns 161 sub No. 2, 2008, s 13\ns 177 amd No. 6, 2008, s 3\ns 188 amd No. 30, 2018, s 22\ns 190 amd No. 12, 2003, s 9\ns 215 amd No. 20, 2005, s 43\ns 216 amd No. 61, 2000, s 3\npt 17 hdg sub No. 3, 2023, s 49\npt 17\ndiv 1 hdg ins No. 3, 2023, s 49\ns 221 amd No. 46, 2000, s 3\npt 17\ndiv 2 hdg ins No. 3, 2023, s 50\nss 222 – 224 ins No. 3, 2023, s 50\nsch 2 amd No. 29, 2019, s 379; No. 39, 2019, s 370\nsch 4 amd No. 46, 2000, s 3","sortOrder":230}],"analysis":{"kimi_summary":{"_metrics":{"completionTokens":777},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The legislation has expanded significantly beyond its original 2000 consolidation. Major additions include: section 72A (computer failure provisions for land sales, 2008), section 89A (mortgagee powers over disclaimed properties in insolvency, 2023), and ongoing amendments to accommodate electronic conveyancing, unit title schemes, and corporate insolvency law changes. The 2023 amendments specifically added a new Division 2 to Part 17 with transitional provisions for the Land Legislation Amendment Act 2023."},"complexity_factors":["Extensive cross-referencing with other NT legislation (Land Title Act 2000, Residential Tenancies Act 1999, Business Tenancies Act 2003, etc.)","Multiple overlapping conditional provisions (e.g., Part 8 leases provisions that apply or don't apply depending on other legislation)","Detailed procedural requirements for mortgage enforcement including foreclosure (Division 3 of Part 7 with 6-month default periods, auction requirements, Registrar-General involvement)","47 defined terms in section 4 alone, many referencing other Acts","Nested exceptions throughout (e.g., section 114 excludes Housing Act, Business Tenancies Act, and Residential Tenancies Act provisions)","Schedules with detailed forms and procedures (Schedule 1 for bona vacantia, Schedule 2 for lease covenants, Schedule 3 for easement powers)","Perpetuities rules (Part 11) with complex \"wait-and-see\" and age-reduction provisions","Transitional provisions spanning multiple amendment Acts with different commencement dates"],"plain_english_summary":"This is the **Northern Territory's main property law statute**, a comprehensive consolidation and modernisation of laws governing land ownership, transfers, mortgages, leases, and related property rights.\n\n**What it does:**\n\n- **Property transfers and conveyancing**: Sets rules for how land and property interests must be documented and transferred, including requirements for written instruments and deeds (Parts 2 and 6)\n- **Ownership structures**: Governs freehold estates, future interests, and co-ownership arrangements like joint tenancies and tenancies in common (Parts 3, 4, and 5)\n- **Mortgages**: Extensive provisions covering mortgagee powers, foreclosure procedures, and protections for mortgagors, including new rules for dealing with disclaimed properties in bankruptcy or corporate liquidation (Part 7, including recent additions like section 89A)\n- **Leases and tenancies**: Regulates landlord-tenant relationships, lease termination, forfeiture relief, and repair obligations, while excluding residential and business tenancies covered by separate legislation (Part 8)\n- **Easements and covenants**: Creates frameworks for rights over neighbouring land (easements) and binding obligations on land use (covenants), including \"easements in gross\" and \"covenants in gross\" that don't require dominant land (Part 9)\n- **Perpetuities and trusts**: Modernises rules preventing indefinite restrictions on property use, with flexible \"wait-and-see\" provisions (Part 11)\n\n**Who it affects:**\n\n- Property owners, buyers, and sellers in the Northern Territory\n- Banks and other mortgage lenders\n- Landlords and commercial tenants\n- Property developers and conveyancers\n- Trustees and estate planners\n\n**Why it matters:**\n\nThis Act brings together centuries of inherited English property law with modern Northern Territory needs. It simplifies transactions by abolishing archaic concepts (like estates tail and the Rule in Shelley's Case), provides clear mortgage enforcement procedures, and balances lender protections with borrower safeguards. The 2023 amendments added specific provisions for mortgagee sales where property has been disclaimed in insolvency proceedings."},"flash_summary":{"complexity_score":9,"scope_assessment":{"changed":false,"description":"The Act consolidates and reforms existing property law in the Northern Territory. While it has been amended over time to address modern issues (e.g., computer failures, disclaimed properties), its overall scope remains consistent with its original purpose of governing property transactions and interests."},"complexity_factors":["The Act is very long (over 200 sections across 17 Parts and 4 Schedules).","Contains numerous defined terms (see section 4).","Cross-references heavily between sections and to other Acts like the Land Title Act 2000.","Many provisions have exceptions, conditions, and nested exceptions (e.g., Parts 7 and 8).","Includes detailed rules for mortgages, leases, easements, and perpetuities with many sub-parts.","Transitional provisions and amendments add complexity.","Uses legal concepts like 'estate tail', 'equitable waste', 'rule in Shelley's Case' which are archaic."],"plain_english_summary":"This Act is the main property law for the Northern Territory. It sets out the rules for buying, selling, owning, and leasing land and other property. It covers everything from how to write a valid contract for land, to what happens when someone doesn't pay their mortgage, to how easements (rights to use another person's land) work. It also deals with co-ownership, leases, mortgages, and rules about future interests in property. If you own property, rent it out, or are buying or selling, this Act affects you. It aims to make property law clear and consistent."}},"importantCases":[],"_links":{"self":"/api/acts/law-of-property-act-2000","history":"/api/acts/law-of-property-act-2000/history","analysis":"/api/acts/law-of-property-act-2000/analysis","conflicts":"/api/acts/law-of-property-act-2000/conflicts","importantCases":"/api/acts/law-of-property-act-2000/important-cases","documents":"/api/acts/law-of-property-act-2000/documents"}}