{"id":"tas:act-1911-033","name":"Settled Land Act 1911","slug":"settled-land-act-1911","collection":"act","jurisdiction":"tas","status":"in_force","isInForce":true,"actNumber":"33 of 1911","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":110726,"registerId":"tas-act-1911-033-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Short title","content":"### 1 Short title\n\n> This Act may be cited as the [Settled Land Act 1911](/view/html/inforce/2026-04-12/act-1911-033) .","sortOrder":0},{"sectionNumber":"2.","sectionType":"section","heading":null,"content":"### 2.\n\n*\\[Section 2 Repealed by 25 Geo. V No. 78 \\]*","sortOrder":1},{"sectionNumber":"3.","sectionType":"section","heading":null,"content":"### 3.\n\n*\\[Section 3 Repealed by 25 Geo. V No. 78 \\]*","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Creation of easements on exchange or partition","content":"### 4 Creation of easements on exchange or partition\n\n> On an exchange or partition any easement, right, or privilege of any kind may be reserved or may be granted over or in relation to the settled land or any part thereof, or other land, or an easement, right, or privilege of any kind may be given or taken in exchange or on partition for land or for any other easement, right, or privilege of any kind.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Power of tenant for life to complete predecessor's contract","content":"### 5 Power of tenant for life to complete predecessor's contract\n\n> A tenant for life may make any conveyance which is necessary or proper for giving effect to a contract entered into by a predecessor in title, and which, if made by such predecessor, would have been valid as against his successors in title.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Leases for term not exceeding twenty-one years","content":"### 6 Leases for term not exceeding twenty-one years\n\n> *\\[Section 6 Amended by 25 Geo. V No. 78 \\]*A lease for a term not exceeding twenty-one years at the best rent that can be reasonably obtained without fine, and whereby the lessee is not exempted from punishment for waste, may be made by a tenant for life –\n> \n> > > (a) without any notice of an intention to make the same having been given under [section forty-two of the Principal Act](/view/html/inforce/2026-04-12/act-1884-010#GS42@EN) ;\n> > \n> > > (b) notwithstanding that there are no trustees of the settlement for the purposes of the [Principal Act](/view/html/inforce/2026-04-12/act-1884-010#) ; and\n> > \n> > > (c) by any writing under hand only containing an agreement instead of a covenant by the lessee for payment of rent in cases where the term does not extend beyond three years from the date of the writing.","sortOrder":5},{"sectionNumber":"7.","sectionType":"section","heading":null,"content":"### 7.\n\n*\\[Section 7 Repealed by 25 Geo. V No. 78 \\]*","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Sale by tenants for life on credit terms","content":"### 8 Sale by tenants for life on credit terms\n\n> On a sale by a tenant for life such sale may be made on credit terms, provided –\n> \n> > > (a) the credit terms are first submitted to and approved by the trustees for the purposes of the settled estate;\n> > \n> > > (b) the contract of sale is made with the tenant for life jointly with the trustees, and the instalments of purchase-money are by the contract of sale made payable to the trustees;\n> > \n> > > (c) the contract of sale reserves full power for the trustees and the tenant for life jointly, or the trustees severally, on a breach of any of the conditions of sale to determine the contract of sale and enter into possession of the land.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Power to raise money by mortgage","content":"### 9 Power to raise money by mortgage\n\n> > (1)  Where money is required for the purpose of discharging an incumbrance on the settled land or part thereof, or for erecting dwelling-houses and outbuildings, and other buildings for agricultural and horticultural purposes, the tenant for life may raise the money so required, and also the amount properly required for payment of the costs of the transaction, on mortgage of the settled land, or of any part thereof, by conveyance of the fee simple or other estate or interest the subject of the settlement, or by creation of a term of years in the settled land, or any part thereof, or otherwise; and the money so raised shall be capital money for that purpose, and may be paid or applied accordingly.\n> \n> > (2)  Incumbrance in this section does not include any annual sum payable only during a life or lives, or during a term of years absolute or determinable.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Provisions enabling dealing with tenant for life","content":"### 10 Provisions enabling dealing with tenant for life\n\n> Where a sale of settled land is to be made to the tenant for life, or a purchase is to be made from him of land to be made subject to the limitations of the settlement, or an exchange is to be made with him of settled land for other land, or a partition is to be made with him of land an undivided share whereof is subject to the limitations of the settlement, the trustees of the settlement shall stand in the place of and represent the tenant for life, and shall, in addition to their powers as trustees, have all the powers of the tenant for life in reference to negotiating and completing the transaction.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Improvements additional to those specified in  section twenty-three of Principal Act","content":"### 11 Improvements additional to those specified in  section twenty-three of Principal Act\n\n> *\\[Section 11 Amended by 25 Geo. V No. 78 \\]*Improvements authorized by the [Principal Act](/view/html/inforce/2026-04-12/act-1884-010#) shall include the following, namely:\n> \n> > > (a) Bridges;\n> > \n> > > (b) Making any additions to or alterations in buildings reasonably necessary or proper to enable the same to be let;\n> > \n> > > (c) The rebuilding of the principal mansion-house on the settled land: Provided that the sum to be applied under this paragraph shall not exceed one-half of the annual rental of the settled land.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Capital money in Court may be paid out to trustees","content":"### 12 Capital money in Court may be paid out to trustees\n\n> *\\[Section 12 Amended by 25 Geo. V No. 78 \\]*All or any part of the capital money paid into Court may, if the Court thinks fit, be at any time paid out to the trustees of the settlement for the purposes of the [Principal Act](/view/html/inforce/2026-04-12/act-1884-010#) .","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Court may order payment for improvements executed","content":"### 13 Court may order payment for improvements executed\n\n> *\\[Section 13 Amended by 25 Geo. V No. 78 \\]*The Court may, in any case where it appears proper, make an order directing or authorizing capital money to be applied in or towards payment of any improvement authorized by the [Principal Act](/view/html/inforce/2026-04-12/act-1884-010#) or this Act, notwithstanding that a scheme was not, before the execution of the improvement, submitted for approval as required by the [Principal Act](/view/html/inforce/2026-04-12/act-1884-010#) to the trustees of the settlement or to the Court.","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Trustees for the purposes of the Act","content":"### 14 Trustees for the purposes of the Act\n\n> *\\[Section 14 Amended by 25 Geo. V No. 78 \\]*Where there are for the time being no trustees of the settlement within the meaning and for the purposes of the [Principal Act](/view/html/inforce/2026-04-12/act-1884-010#) , then the following persons shall, for such purposes be trustees of the settlement, namely:\n> \n> > > (a) The persons, if any, who are for the time being under the settlement trustees with power of or upon trust for sale of any other land comprised in the settlement and subject to the same limitations as the land to be sold, or with power of consent to, or approval of, the exercise of such a power of sale, or, if there be no such persons, then –\n> > \n> > > (b) The persons, if any, who are for the time being under the settlement trustees with future power of sale, or under a future trust for sale of the land to be sold, or with power of consent to, or approval of, the exercise of such a future power of sale, and whether the power or trust takes effect in all events or not.","sortOrder":13},{"sectionNumber":"15.","sectionType":"section","heading":null,"content":"### 15.\n\n*\\[Section 15 Repealed by 25 Geo. V No. 78 \\]*","sortOrder":14},{"sectionNumber":"16.","sectionType":"section","heading":null,"content":"### 16.\n\n*\\[Section 16 Repealed by 25 Geo. V No. 78 \\]*","sortOrder":15}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":7,"scope_assessment":{"changed":false,"description":"Based on the available metadata, the Act appears to have retained its original purpose of regulating settled land arrangements and the powers of life tenants and trustees. No evidence of scope expansion or significant departure from original intent is apparent, though over a century of amendments may have refined specific provisions."},"complexity_factors":["Archaic 1911 legal drafting style, using terminology and concepts largely unfamiliar to modern readers","Requires understanding of concurrent estates, life interests, and future interests — specialist property law concepts","Interaction with modern trust law, property law, and the Torrens title system creates layered complexity","Over a century of amendments and judicial interpretation to navigate","Distinctions between the powers of life tenants, trustees, and remaindermen (future beneficiaries) are highly technical","Limited practical relevance today means professional guidance on how it interacts with current law is difficult to find","Only the administrative metadata was provided — full Act provisions are unavailable for comprehensive analysis, adding analytical uncertainty"],"plain_english_summary":"The Settled Land Act 1911 (Tasmania) governs “settled land” — older-style arrangements where property is held for life tenants and successive beneficiaries. It affects trustees, life tenants, beneficiaries and anyone dealing with inherited family estates or trust-like land interests. The Act lets life tenants and trustees manage, sell or mortgage settled land in limited ways while protecting future beneficiaries, so it still matters for pre-existing Tasmanian settlements despite being largely superseded."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"This Act broadens operational powers available over settled land compared with relying solely on the Principal Act: it expressly permits easements on exchange/partition (s4); lets a tenant for life complete a predecessor’s contract (s5), grant a lease up to 21 years without prior notice (s6), sell on credit subject to trustee approval and receipt of instalments by trustees (s8(a)–(b)), and raise money by mortgage with those proceeds treated as capital money (s9(1)). It also authorises specified improvements (s11), permits courts to pay capital money to trustees (s12) and to order payment for improvements even without prior scheme approval (s13), and supplies default trustee rules where none exist (s14). Who pays and the compliance burdens are shifted in specific ways: purchaser instalments are payable to trustees on credit sales (s8(b)); costs of raising money may be charged as capital money (s9(1)); trustee approval is required before credit terms are used (s8(a)); and judicial discretion under ss12–13 affects when capital funds are released for improvements. These mechanical extensions change decision-making authority and financial flows within the settled-land framework."},"complexity_factors":["Cross-references to the Principal Act and reliance on its definitions and prior procedures","Multiple delegated decision-makers (tenant for life, trustees, and the Court) with overlapping powers","Financial mechanisms (mortgages, credit sales, capital money) that interact with trust duties and property interests","Discretionary judicial powers (Court may pay capital money to trustees or authorize payments for improvements)","Statutory limits expressed in qualitative terms (e.g. “best rent reasonably obtained”, “properly required”) that require factual judgment","Amendments and several repealed sections create interpretive layering","Interaction between conveyancing forms (leases, exchanges, partitions, easements) and settlement limitations"],"plain_english_summary":"It supplements the Principal Act by expanding how settled land can be managed: it allows creation or exchange of easements on exchange or partition; gives tenants for life powers to complete predecessors’ contracts, grant short leases, sell on credit with trustee oversight, and raise money by mortgage; and permits certain rebuilding and capital payments. It affects tenants for life, trustees, beneficiaries, purchasers and courts by changing who decides transactions, the approval steps required, and how sale and mortgage proceeds are handled."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose of amending and extending the Settled Land Act 1884. It does not appear to have expanded beyond its initial scope of facilitating estate management through specific technical amendments."},"complexity_factors":["Heavy reliance on undefined external references to the 'Principal Act' (Settled Land Act 1884) without context","Archaic legal terminology throughout ('tenant for life', 'settled land', 'fine', 'waste', 'incumbrance')","Nested conditional logic in sections 8 and 9 with multiple provisos and exceptions","Section 14 contains cascading definitions (if no X, then Y; if no Y, then Z)","Section 9(2) contains a specific exclusion definition within the section","Mixed amendment history visible in text (repealed sections, amendment notes) creating structural fragmentation","Only 14 operative sections but dense with cross-references to 1884 Act"],"plain_english_summary":"**What this law does:**\n\nThis Act gives extra powers to people who control family estates (called \"tenants for life\") to manage and improve land that's locked up in long-term family arrangements (called \"settlements\"). It amends an earlier 1884 law (the \"Principal Act\") to make it easier to deal with settled land in practical ways.\n\n**Key things it allows:**\n\n*   **Easements on swaps:** When land is exchanged or divided, the tenant for life can create rights of way or other access rights over the land.\n*   **Finishing old deals:** A current estate holder can complete contracts that a previous holder started.\n*   **Short-term renting:** Allows leases up to 21 years without needing to notify trustees, and simple hand-written agreements for leases under 3 years.\n*   **Selling on credit:** Land can be sold with payment by instalments, provided trustees approve the terms and are involved in the contract.\n*   **Borrowing money:** The estate holder can mortgage the land to pay off debts or build houses and farm buildings.\n*   **More improvements:** Adds bridges, alterations for renting, and rebuilding the main house (up to half the annual rental value) to the list of allowed improvements.\n*   **Trustee flexibility:** Money held by the Court can be paid out to trustees, and the Court can approve improvements even if the paperwork wasn't done beforehand.\n*   **Dealing with themselves:** When the estate holder is buying, selling, or swapping land with the estate, trustees step in to represent their interests.\n*   **Backup trustees:** Defines who counts as a trustee if the official ones are missing.\n\n**Who it affects:**\n\nPeople who inherit or hold family estates under old settlement arrangements, trustees managing those estates, and anyone buying, leasing, or dealing with settled land.\n\n**Why it matters:**\n\nBefore this Act, strict settlement rules often trapped land in outdated arrangements, making it hard to maintain, improve, or adapt to modern needs. This law loosens those restrictions while keeping protections (like trustee oversight) to prevent the estate holder from wasting family assets."}},"importantCases":[],"_links":{"self":"/api/acts/settled-land-act-1911","history":"/api/acts/settled-land-act-1911/history","analysis":"/api/acts/settled-land-act-1911/analysis","conflicts":"/api/acts/settled-land-act-1911/conflicts","importantCases":"/api/acts/settled-land-act-1911/important-cases","documents":"/api/acts/settled-land-act-1911/documents"}}