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Land Titles Act 1925
112Implied covenants may be modified or negatived
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112 Implied covenants may be modified or negatived
(1) Every covenant and power to be implied in any instrument by virtue
of this Act may be negatived, varied or extended by express
declaration in the instrument or endorsed thereon.
(2) Any such covenant or power so varied or extended shall, so far as
may be, operate in the like manner and with all the like incidents,
effects and consequences as if the variations or extensions were
implied under this Act.
(3) In any pleading in an action for a supposed breach of any such
covenant, the covenant alleged to be broken may be set forth, and it
shall be lawful to allege that the party against whom the action is
brought did so covenant precisely in the same manner as if the
covenant had been expressed in words in the memorandum of transfer
or other instrument, any law or practice to the contrary
notwithstanding.
(4) Every such implied covenant or power shall have the same force and
effect, and may be enforced in the same manner as if it had been set
out at length in the instrument.