Part 2General rules affecting property

Part 2—General rules affecting property 8—Lands lie in grant only All lands and all interests therein shall lie in grant and shall be incapable of being conveyed by livery or livery and seisin, or by feoffment, or by bargain and sale; and a conveyance of an interest in land may operate to pass the possession or right to possession thereof, without actual entry, but subject to all prior rights thereto. 9—Use of word "grant" unnecessary The use of the word "grant" is not necessary to convey land or to create any interest therein. 10—Power to dispose of all rights and interests in land All rights and interests in land may be disposed of, including— (a) a contingent, executory, or future interest in any land, or a possibility coupled with an interest in any land, whether or not the object of the gift or limitation of such interest or possibility be ascertained; (b) a right of entry, into or upon land whether immediate or future, and whether vested or contingent. 11—Lis pendens to be registered No lis pendens shall bind any bona fide purchaser or mortgagee for valuable consideration without express notice thereof, unless and until it is registered under the Registration of Deeds Act 1935 by delivering to the Registrar-General of Deeds a memorial containing the title of the cause or matter, and the name and address of the persons whose estate or interest is sought to be affected thereby; and every such memorial shall be signed by the solicitor of one of the parties to the cause or matter, or of some person claiming to be entitled to deliver such memorial. 12—Tenant for life without impeachment of waste, not to commit equitable waste An estate for life, without impeachment of waste, shall not confer upon the tenant for life any legal right to commit waste of the description known as equitable waste, unless an intention to confer such right expressly appears by the instrument creating such estate. 13—No merger at law where none in equity There shall not be any merger by operation of law only of any estate, the beneficial interest in which would not be deemed to be merged or extinguished in equity. 14—Suits for possession of land by mortgagors A mortgagor entitled for the time being to the possession or receipt of the rents and profits of any land, as to which no notice of his intention to take possession or to enter upon the receipt of the rents and profits thereof has been given by the mortgagee, may sue for such possession, or for the recovery of such rents or profits, or to prevent or to recover damages in respect of any trespass or other wrong relative thereto, in his own name only, unless the cause of action arises upon a lease or other contract made by him jointly with any other person. 15—Assignment of debts and choses in action (1) Any absolute assignment by writing under the hand of the assignor (not purporting to be by way of charge only) of any debt or other legal chose in action, of which express notice in writing has been given to the debtor, trustee, or other person from whom the assignor would have been entitled to receive or claim such debt or chose in action, shall be effectual in law (subject to equities having priority over the right of the assignee), to pass and transfer from the date of such notice— (a) the legal right to such debt or chose in action; and (b) all legal and other remedies for the same; and (c) the power to give a good discharge for the same, without the concurrence of the assignor. (2) However, if the debtor, trustee, or other person liable in respect of such debt or chose in action has notice— (a) that such assignment is disputed by the assignor, or any person claiming under him; or (b) of any other opposing or conflicting claims, to such debt or chose in action, he may, if he thinks fit, either call upon the persons making claim thereto to interplead concerning the same, or pay the debt or other chose in action into court, under the provisions of the Trustee Act 1936. 16—Stipulations not of the essence of a contract Stipulations in a contract, as to time or otherwise, which according to rules of equity are not deemed to be or to have become of the essence of the contract, shall be construed and have effect at law in accordance with the rules of equity. 17—Satisfied terms, whether created out of freehold or leasehold land, to cease (1) Where the purposes of a term of years, created or limited at any time out of freehold land, become satisfied (whether or not that term either by express declaration or by construction of law becomes attendant upon the freehold reversion), that term of years shall merge in the reversion expectant thereon and shall cease accordingly. (2) Where the purposes of a term of years, created or limited at any time out of leasehold land, become satisfied, that term shall merge in the reversion expectant thereon and cease accordingly. (3) Where the purposes are satisfied as respects part only of the land comprised in a term, this section has effect as if a separate term had been created in regard to that part of the land. 18—Vesting order consequential on judgment for sale or mortgage of land Where the court gives a judgment, or makes an order directing the sale or mortgage of land, every person, whether under disability or not, who is entitled to or possessed of the land, or entitled to any interest therein, and is a party to the action or proceeding, or otherwise bound by the judgment or order, shall be deemed to be so entitled or possessed, as the case may be, as a trustee within the meaning of the Trustee Act 1936; and the court may, if it thinks expedient, make an order vesting the land, or any part thereof, for such estate as the court thinks fit in the purchaser or mortgagee, or in any other person. 19—Vesting order consequential on judgment for specific performance etc Where a judgment is given for the specific performance of a contract concerning any land, or for the partition, or sale in lieu of partition, or exchange of any land, or generally where any judgment is given for the conveyance of any land, either in cases arising out of the doctrine of election or otherwise, the court may declare that any of the parties to the action are trustees of the land, or any part thereof, within the meaning of the Trustee Act 1936 or may declare that the interests of unborn persons who might claim under any party to the action, or under the will or voluntary settlement of any person deceased who was during his lifetime a party to the contract or transactions concerning which the judgment is given, are the interests of persons who, on coming into existence, would be trustees within the meaning of the Trustee Act 1936; and thereupon the court may make a vesting order relating to the rights of those persons, born and unborn, as if they had been trustees. 20—Rights of pre-emption capable of release All statutory and other rights of pre-emption affecting a legal estate shall be and be deemed always to have been capable of release. 21—Purchaser not to be concerned with the trusts of the proceeds of sale A purchaser of a legal estate from trustees for sale shall not be concerned with the trusts affecting the proceeds of sale of land subject to a trust for sale or affecting the rents and profits of the land until sale, whether or not those trusts are declared by the same instrument by which the trust for sale is created. 22—Right of light not deemed to exist by reason only of enjoyment or presumption of lost grant (1) After the twenty-sixth day of October, 1911, no right to the access or use of light to or for any building shall be capable of coming into existence by reason only of the enjoyment of such access or use for any period of time, or of any presumption of a lost grant based upon such enjoyment. (2) This section shall not affect any right actually acquired before the said date. 23—Gift not to be avoided by illegal stipulation attached thereto (1) No gift, whether by testamentary disposition or by instrument inter vivos, shall be held to be void solely on the ground that the testator or donor has attached an illegal stipulation to such gift, whether such stipulation is in the nature of a limitation of the gift or of a condition precedent or subsequent to the gift, unless it is proved to the satisfaction of the court before which the matter is in question that the donee of such gift consented to such stipulation at or before the time when the testamentary disposition or instrument inter vivos was executed by the testator or donor. (2) Unless it is proved as aforesaid, in construing the testamentary disposition or instrument inter vivos, the gift shall be read as if the illegal stipulation had not been attached thereto. 24—Alien friends may hold real and personal property Every alien friend may inherit, or otherwise take by representation, acquire, hold, convey, assign, devise, bequeath, or otherwise dispose of every description of property, whether real or personal, in the same manner as if he were a natural-born subject of His Majesty. 24A—Certain contracts with infants for the repayment of loans to be valid (1) Notwithstanding anything to the contrary contained in any other Act or in any rule of common law or equity the following contracts, whether entered into before or after the commencement of the Law of Property Act Amendment Act 1966 shall be as valid and binding on an infant for all purposes as if the infant were of full age at the time he entered into the contract, namely— (a) any contract entered into by an infant not under the age of eighteen years with the State Bank of South Australia for the repayment of moneys advanced or to be advanced to the infant by the said bank under the provisions of the Advances for Homes Act 1928; and (b) any contract entered into by an infant not under the age eighteen years with the South Australian Housing Trust or any institution or society within the meaning of the Homes Act 1941 for the repayment of moneys lent or to be lent to the infant by the said Trust or any such institution or society; and (c) any contract entered into by an infant not under the age of eighteen years— (i) with a building society registered under the Building Societies Act 1881; or (ii) with an industrial and provident society registered under the Industrial and Provident Societies Act 1923, for the repayment of moneys lent or advanced or to be lent or advanced to the infant by any such society; and (d) any contract entered into by an infant not under the age of eighteen years for the repayment of moneys lent or advanced or to be lent or advanced to the infant by a bank or life assurance company or society for the purpose of purchasing or erecting a dwelling house for his own occupation; and (e) any contract entered into by an infant not under the age of eighteen years with any building contractor for the purchase or erection of a dwelling house for his own occupation. (2) An infant who has entered into any contract referred to in the last preceding subsection, whether before or after the commencement of the Law of Property Act Amendment Act 1966 shall not at any time be entitled on any ground relating to his infancy or former infancy to avoid any of his obligations under the contract or under any instrument executed by the infant whereby the repayment of any moneys lent or advanced is secured or to repudiate any contract or any transfer, conveyance or assignment to any such infant relating to any property charged by him. (3) Any instrument executed or purporting to have been executed by an infant by way of security for the repayment of any moneys lent or advanced or to be lent or advanced to the infant in pursuance of a contract of a kind referred to in subsection (1) of this section shall be as valid and effectual for all purposes as if the infant were of full age and capacity at the time he executed the instrument. (4) For the purposes of this section— (a) any reference in this section to a contract entered into by an infant shall be read and construed as including reference to a contract entered into by an infant jointly with some other person or persons (whether of full age or not); and (b) any reference in this section to moneys lent or advanced or to be lent or advanced to an infant shall be read and construed as including reference to moneys lent or advanced or to be lent or advanced to the order of an infant or to an infant jointly with some other person or persons (whether of full age or not); and (c) any reference in this section to an instrument executed by an infant shall be read and construed as including reference to an instrument executed by an infant jointly with some other person or persons (whether of full age or not); and (d) any reference in this section to an instrument shall include an instrument registrable under the provisions of the Real Property Act 1886. 24B—Abolition of doctrine of interesse termini (1) A leasehold estate or interest is capable of taking effect notwithstanding that the lessee has not entered into possession of the land subject to the lease. (2) This section applies to leasehold estates or interests whether created before or after the commencement of the Statutes Amendment (Property) Act 1980. 24C—Body corporate may hold property as joint tenant (1) Subject to subsection (2), a body corporate is capable of acquiring and holding real or personal property in joint tenancy. (2) The acquisition and holding of property by a body corporate in joint tenancy is subject to— (a) any limitations on the capacity of the body corporate to acquire or hold property in joint tenancy imposed by a statute or other instrument defining or affecting the capacities of the body corporate; and (b) any limitations on the capacity of the body corporate to acquire or hold property that apply whether the property is to be acquired or held in joint tenancy or not. (3) Where a body corporate is a joint tenant of property, the property devolves, on dissolution of the body corporate, on the other joint tenant. 24D—Capacities of corporations (1) A corporation sole established under an Act has, and will be taken always to have had— (a) perpetual succession and a common seal; and (b) the capacity to sue and be sued in the corporation's name; and (c) subject to any limitations imposed under an Act, all the powers of a natural person. (2) A right or liability that a corporation sole or corporation aggregate would have acquired or incurred but for the occurrence (before or after the commencement of this section) of a temporary vacancy in the office or offices of the corporation will be treated as having taken effect on the filling of the vacant office or offices as if the vacancy or vacancies had been filled before the right or liability was acquired or incurred. 25—Contingent remainders protected against the premature failure of a preceding estate A contingent remainder existing at any time after the commencement of this Act shall be capable of taking effect, notwithstanding the want of a particular estate of freehold to support it in the same manner as it would take effect if it were a contingent remainder of an equitable estate supported by an outstanding estate in fee simple.