35Commencement of title

### 35 Commencement of title > *\[Section 35 Substituted by No. 3 of 1978, s. 2 \]* > > > (1)  In the completion of any contract of sale of land, 20 years shall be substituted as the period of commencement of title which a purchaser may require in place of 60 years, the period that formerly could have been so required; but earlier title than 20 years may be required in cases similar to those in which earlier title than 60 years might formerly be required. > > > (2)  Under a contract to sell and assign a term of years derived out of a leasehold interest in land, the intended assign shall not have the right to call for the title to the leasehold reversion. > > > (3)  On a contract to grant a lease for a term of years to be derived out of a leasehold interest, with a leasehold reversion, the intended lessee shall not have the right to call for the title to that reversion. > > > (4)  Where by reason of [subsection (2)](#GS35@Gs2@EN) or [subsection (3)](#GS35@Gs3@EN) an intending lessee or assign is not entitled to call for the title to a leasehold reversion, he shall not, where the contract is made on or after 1st July 1978, be deemed to be affected with notice of any matter or thing of which, if he had contracted that such title should be furnished, he might have had notice. > > > (5)  A purchaser shall not be deemed to be or ever to have been affected with notice of any matter or thing of which, if he had investigated the title or made enquiries in regard to matters prior to the period of commencement of title fixed by this Act, or by any other statute, or by any rule of law, he might have had notice, unless he actually makes such investigation or enquiries. > > > (6)  Notwithstanding anything in the [Registration of Deeds Act 1935](/view/html/inforce/2026-04-12/act-1935-024) , the estate of a purchaser in good faith for value under an instrument registered under that Act is not postponed in priority by the registration of an instrument – > > > > > > (a) that was registered prior to the period of commencement of the purchaser's title as mentioned in [subsection (5)](#GS35@Gs5@EN) ; and > > > > > > > (b) for which the purchaser is not entitled to call by virtue of the operation of this section. > > > (7)  Where a lease, whether made before or after the commencement of this Act, is made under a power contained in a settlement, will, act, or other instrument, any preliminary contract for or relating to the lease shall not, for the purpose of the deduction of title to an intended assign, form part of the title, or evidence of the title, to the lease. > > > (8)  This section, save where otherwise expressly provided, applies to contracts for sale whether made before or after the commencement of this Act, and applies to contracts for exchange in like manner as to contracts for sale, save that it applies only to contracts for exchange made on or after 1st July 1978. > > > (9)  This section applies only if and as far as a contrary intention is not expressed in the contract, and shall have effect subject to the terms of the contract and to the provisions therein contained.