16DDInterests in land under contract

#### 16DD Interests in land under contract 16DD Interests in land under contract > > (1) A contract does not give the kit home supplier or any other person a legal or equitable estate or interest in any land, and a provision in a contract or other agreement is void to the extent that it purports to create such an estate or interest. > > > (2) Accordingly, the kit home supplier or any other person may not lodge a caveat under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025) in respect of an estate or interest prohibited by subsection (1). > > > (3) However, subsection (1) does not apply to a provision in a contract that creates a charge over land if— > > > > > (a) the land the subject of the charge is land on which the kit home is, or is to be, erected, and > > > > > (b) the charge is in favour of the kit home supplier who is a party to the contract, and > > > > > (c) the charge is created to secure the payment to the kit home supplier by another party to the contract of money due under the contract, but only if a court or tribunal has made an order or judgment that such payment be made, and > > > > > (d) in the case of a charge over land under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025)—the party to the contract against whom the judgment or order is made is the registered proprietor of the land. > > > (4) A charge referred to in subsection (3) over land under the [Real Property Act 1900](/view/html/inforce/current/act-1900-025) ceases to operate if the party to the contract against whom the judgment or order is made ceases to be the registered proprietor of the land so charged. > > **s 16DD:** Ins 1996 No 122, Sch 1 \[5\]. Subst 1998 No 56, Sch 1 \[2\]. Am 2009 No 61, Sch 2 \[13\] \[21\].