61Conditions and covenants: In what cases not implied, &c.

### 61 Conditions and covenants: In what cases not implied, &c. > *\[Section 61 Inserted by 26 Geo. V No. 97, s. 3 \]* > > > (1)  In respect of instruments executed after 1st January 1847 – > > > > > > (a) an exchange or partition made by deed does not imply any condition in law; > > > > > > > (b) the word "give" or the word "grant" does not imply any covenant in law, except as otherwise provided by statute; > > > > > > > (c) a person may take an immediate or other interest in land or other property, or the benefit of any condition, right of entry, covenant, or agreement over or respecting land or other property, although he may not be named as a party to the conveyance or other instrument; and > > > > > > > (d) a deed between parties, to effect its objects, has the effect of an indenture though not indented or expressed to be an indenture. > > > (2)  Any conveyance made after 18th September 1874 of freehold land to any person without words of limitation, or any similar expression, shall pass to the grantee the fee simple or other the whole interest which the grantor had power to convey in such land, unless a contrary intention appears in the conveyance.