Sch 2Implied covenants

Schedule 2—Implied covenants 1—Covenant implied in a conveyance for valuable consideration, other than a mortgage, by a person who conveys and is expressed to convey as beneficial owner (1) That, notwithstanding anything by the person who so conveys or any one through whom he derives title otherwise than by purchase for value, made, done, executed or omitted, or knowingly suffered, the person who so conveys, has, with the concurrence of every other person (if any) conveying by his direction, full power to convey the subject-matter expressed to be conveyed, subject as, if so expressed, and in the manner in which, it is expressed to be conveyed, and that, notwithstanding anything as aforesaid, that subject-matter shall remain to and be quietly entered upon, received, and held, occupied, enjoyed, and taken, by the person to whom the conveyance is expressed to be made, and any person deriving title under him, and the benefit thereof shall be received and taken accordingly, without any lawful interruption or disturbance by the person who so conveys or any person conveying by his direction, or rightfully claiming or to claim by, through, under, or in trust for the person who so conveys, or any person conveying by his direction, or by, through, or under any one (not being a person claiming in respect of an estate or interest subject whereto the conveyance is expressly made), through whom the person who so conveys derives title, otherwise than by purchase for value. (2) And that, freed and discharged from, or otherwise by the person who so conveys sufficiently indemnified against, all such estates, incumbrances, claims, and demands, other than those subject to which the conveyance is expressly made, as, either before or after the date of the conveyance, have been or shall be made, occasioned or suffered by that person or by any person conveying by his direction, or by any person rightfully claiming by, through, under or in trust for the person who so conveys, or by, through or under any person conveying by his direction, or by, through, or under any one through whom the person who so conveys derives title, otherwise than by purchase for value. (3) And further, that the person who so conveys, and any person conveying by his direction, and every other person having or rightfully claiming any estate or interest in the subject-matter of conveyance, other than an estate or interest subject whereto the conveyance is expressly made, by, through, under or in trust for the person who so conveys, or by, through, or under any person conveying by his direction, or by, through or under any one through whom the person who so conveys derives title, otherwise than by purchase for value, will, from time to time and at all times after the date of the conveyance, on the request and at the cost of any person to whom the conveyance is expressed to be made, or of any person deriving title under him, execute and do all such lawful assurances and things for further or more perfectly assuring the subject-matter of the conveyance to the person to whom the conveyance is made, and to those deriving title under him, subject as, if so expressed, and in the manner in which the conveyance is expressed to be made, as by him or them or any of them shall be reasonably required. (4) In the above covenant a purchase for value shall not be deemed to include a conveyance in consideration of marriage. 2—Further covenant implied in a conveyance of leasehold property for valuable consideration, other than a mortgage, by a person who conveys and is expressed to convey as beneficial owner (1) That, notwithstanding anything by the person who so conveys, or any one through whom he derives title, otherwise than by purchase for value, made, done, executed or omitted, or knowingly suffered, the lease or grant creating the term or estate for which the land is conveyed is, at the time of conveyance, a good, valid, and effectual lease or grant of the property conveyed, and is in full force, unforfeited, unsurrendered, and has in nowise become void or voidable, and that, notwithstanding anything as aforesaid, all the rents reserved by, and all the covenants, conditions and agreements contained in, the lease or grant, and on the part of the lessee or grantee and the persons deriving title under him to be paid, observed and performed, have been paid, observed, and performed up to the time of conveyance. (2) In the above covenant a purchase for value shall not be deemed to include a conveyance in consideration of marriage. 3—Covenant implied in a conveyance by way of mortgage by a person who conveys and is expressed to convey as beneficial owner (1) That the person who so conveys, has, with the concurrence of every other person, if any, conveying by his direction, full power to convey the subject-matter expressed to be conveyed by him, subject as, if so expressed, and in the manner in which it is expressed to be conveyed. (2) And also that, if default is made in payment of the money intended to be secured by the conveyance, or any interest thereon, or any part of that money or interest, contrary to any provision in the conveyance, it shall be lawful for the person to whom the conveyance is expressed to be made, and the persons deriving title under him, to enter into and upon, or receive, and thenceforth quietly hold, occupy and enjoy or take and have, the subject-matter expressed to be conveyed, or any part thereof, without any lawful interruption or disturbance by the person who so conveys, or any person conveying by his direction, or any other person (not being a person claiming in respect of an estate or interest subject whereto the conveyance is expressly made). (3) And that, freed and discharged from, or otherwise by the person who so conveys sufficiently indemnified against, all estates, incumbrances, claims and demands whatever other than those subject whereto the conveyance is expressly made. (4) And further, that the person who so conveys and every person conveying by his direction, and every person deriving title under any of them, and every other person having or rightfully claiming any estate or interest in the subject-matter of conveyance, or any part thereof, other than an estate or interest subject whereto the conveyance is expressly made, will from time to time and at all times, on the request of any person to whom the conveyance is expressed to be made, or of any person deriving title under him, but, as long as any right of redemption exists under the conveyance, at the cost of the person so conveying, or of those deriving title under him, and afterwards at the cost of the person making the request, execute and do all such lawful assurances and things for further or more perfectly assuring the subject-matter of conveyance and every part thereof to the person to whom the conveyance is made, and to those deriving title under him, subject as, if so expressed, and in the manner in which the conveyance is expressed to be made, as by him or them or any of them shall be reasonably required. 4—Covenant implied in a conveyance by way of mortgage of leasehold property by a person who conveys and is expressed to convey as beneficial owner (1) That the lease or grant creating the term or estate for which the land is held is, at the time of conveyance, a good, valid and effectual lease or grant of the land conveyed and is in full force, unforfeited and unsurrendered and has in nowise become void or voidable, and that all the rents reserved by, and all the covenants, conditions and agreements contained in, the lease or grant, and on the part of the lessee or grantee and the persons deriving title under him to be paid, observed and performed, have been paid, observed and performed up to the time of conveyance. (2) And also that the person so conveying, or the persons deriving title under him, will at all times, as long as any money remains owing on the security of the conveyance, pay observe and perform, or cause to be paid, observed and performed all the rents reserved by, and all the covenants, conditions and agreements contained in, the lease or grant, and on the part of the lessee or grantee and the persons deriving title under him to be paid, observed and performed, and will keep the person to whom the conveyance is made, and those deriving title under him, indemnified against all actions, proceedings, costs, charges, damages, claims and demands (if any) to be incurred or sustained by him or them by reason of the non-payment of such rent or the non-observance or non-performance of such covenants, conditions and agreements, or any of them. 5—Covenant implied in a conveyance by way of settlement, by a person who conveys and is expressed to convey as settlor That the person so conveying, and every person deriving title under him by deed or act or operation of law in his lifetime subsequent to that conveyance, or by testamentary disposition or devolution in law, on his death, will, from time to time, and at all times, after the date of that conveyance, at the request and cost of any person deriving title thereunder, execute and do all such lawful assurances and things for further or more perfectly assuring the subject-matter of the conveyance to the persons to whom the conveyance is made and those deriving title under them, as by them or any of them shall be reasonably required, subject as if so expressed, and in the manner in which the conveyance is expressed to be made. 6—Covenant implied in any conveyance, by every person who conveys and is expressed to convey as trustee or mortgagee, or as personal representative of a deceased person, or as administrator, committee or other person empowered to act on behalf of a mentally incapacitated person or under an order of the court That the person so conveying has not executed or done, or knowingly suffered, or been party or privy to any deed or thing, whereby or by means whereof the subject-matter of the conveyance or any part thereof, is or may be impeached, charged, affected or incumbered in title, estate, or otherwise, or whereby or by means whereof the person who so conveys is in anywise hindered from conveying the subject-matter of the conveyance, or any part thereof, in the manner in which it is expressed to be conveyed. Legislative history Notes • Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete. • Earlier versions of this Act (historical versions) are listed at the end of the legislative history. • For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au. Principal Act and amendments New entries appear in bold. Year No Title Assent Commencement Law of Property Act 1936 3.12.1936 1.11.1937 (Gazette 25.3.1937 p646) Law of Property Act Amendment Act 1945 6.12.1945 6.12.1945 Law of Property Act Amendment Act 1956 8.11.1956 8.11.1956 Law of Property Act Amendment Act 1958 23.10.1958 23.10.1958 Law of Property Act Amendment Act 1960 18.8.1960 18.8.1960 Law of Property Act Amendment Act 1966 22.9.1966 22.9.1966 Law of Property Act Amendment Act 1969 4.12.1969 21.5.1970 (Gazette 21.5.1970 p1841) Law of Property Act Amendment Act (No. 2) 1969 11.12.1969 31.8.1970 (Gazette 20.8.1970 p696) Age of Majority (Reduction) Act 1971 8.4.1971 15.4.1971 (Gazette 15.4.1971 p1598) Law of Property Act Amendment Act 1972 16.3.1972 1.11.1973 (Gazette 6.9.1973 p1899) Statutes Amendment (Law of Property and Wrongs) Act 1972 30.3.1972 18.5.1972 (Gazette 18.5.1972 p1926) Law of Property Act Amendment Act (No. 2) 1972 7.12.1972 1.11.1973 (Gazette 6.9.1973 p1899) Statute Law Revision Act 1974 11.4.1974 11.4.1974 Law of Property Act Amendment Act 1975 20.11.1975 29.1.1976 (Gazette 29.1.1976 p357) Statutes Amendment (Property) Act 1980 17.4.1980 22.5.1980 (Gazette 22.5.1980 p1373) Law of Property Act Amendment Act 1984 Law of Property Act Amendment Act (No. 2) 1984 Law of Property Act Amendment Act 1989 20.4.1989 1.7.1989 (Gazette 8.6.1989 p1552) Statutes Amendment (Attorney-General's Portfolio) Act 1991 24.4.1991 6.6.1991 (Gazette 6.6.1991 p1776) Statutes Amendment (Attorney-General's Portfolio) Act 1995 27.4.1995 s 15—4.5.1995 (Gazette 4.5.1995 p1705) Law of Property (Perpetuities and Accumulations) Amendment Act 1996 4.4.1996 1.5.1996 (Gazette 18.4.1996 p1990) Statutes Amendment (Attorney-General's Portfolio) Act 1996 15.8.1996 s 22—17.10.1996 (Gazette 17.10.1996 p1361) Statutes Amendment (Attorney-General's Portfolio) Act 1997 31.7.1997 Pt 6 (ss 9—14) & Sch—14.9.1997 (Gazette 11.9.1997 p704) Statute Law Revision Act 2003 23.10.2003 Sch 1—24.11.2003 (Gazette 13.11.2003 p4048) Statutes Amendment (New Rules of Civil Procedure) Act 2006 6.7.2006 Pt 44 (ss 152—154)—4.9.2006 (Gazette 17.8.2006 p2831) Statutes Amendment (Legalisation of Same Sex Marriage Consequential Amendments) Act 2019 19.12.2019 Pt 9 (s 24)—1.5.2020 (Gazette 30.4.2020 p838) Married Persons (Separate Legal Status) Act 2019 19.12.2019 Sch 1 (cll 2 to 9)—1.5.2020 (Gazette 30.4.2020 p837) Succession Act 2023 25.10.2023 Sch 2 (cll 5 & 6)—1.1.2025 (Gazette 27.6.2024 p1894) Statutes Amendment (Planning, Infrastructure and Other Matters) Act 2025 27.11.2025 Pt 4 (ss 5 to 7)—15.1.2026 (Gazette 15.1.2026 p24) Provisions amended since 3 February 1976 • Legislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 5 of The Public General Acts of South Australia 1837-1975 at page 620. New entries appear in bold. Entries that relate to provisions that have been deleted appear in italics. Provision How varied Commencement Pt 1 s 2 s 3 deleted in pursuance of the Acts Republication Act 1967 s 7 court substituted by 33/1991 s 13 6.6.1991 substituted by 59/1997 s 9 interest inserted by 7/1996 s 3(a) mental defective and mentally defective person and committee mentally incapacitated person inserted by 59/1997 s 14 (Sch) vest inserted by 7/1996 s 3(b) Pt 2 heading preceding s 8 s 15 s 15(1) s 15 amended and designated as s 15(1) by 44/2003 s 3(1) (Sch 1) s 15(2) s 15 amended and designated as s 15(2) by 44/2003 s 3(1) (Sch 1) s 24B inserted by 32/1980 s 5 22.5.1980 s 24C inserted by 23/1984 s 2 s 24D inserted by 27/1995 s 15 4.5.1995 heading preceding s 25 Pt 3 heading preceding s 28 s 40 s 40(1) amended by 48/2019 Sch 1 cl 2(1), (2) s 40(2) substituted by 48/2019 Sch 1 cl 2(3) s 40(3) amended by 48/2019 Sch 1 cl 2(4) s 41 amended by 22/1984 s 2 substituted by 13/1989 s 3 1.7.1989 s 41(1) amended by 64/2025 s 5 s 41AA inserted by 13/1989 s 3 1.7.1989 s 41A inserted by 32/1980 s 6 22.5.1980 substituted by 67/1996 s 22 17.10.1996 s 41A(2) substituted by 64/2025 s 6 s 41A(2a) inserted by 64/2025 s 6 heading preceding s 42 s 42 s 42(1) amended by 44/2003 s 3(1) (Sch 1) s 42(3) deleted by 48/2019 Sch 1 cl 3 s 42(4) Pt 4 s 49 s 49(2) amended by 17/2006 s 152 s 55A s 55A(2a) amended by 59/1997 s 10(a) s 55A(4) deleted by 59/1997 s 10(b) Pt 6 substituted by 7/1996 s 4 s 58A inserted by 59/1997 s 11 Pt 7 s 66 amended by 17/2006 s 153 Pt 8 s 73 s 73 I—V redesignated as s 73(a)—(e) by 44/2003 s 3(1) (Sch 1) s 82 amended by 48/2019 Sch 1 cl 4(1), (2) Pt 9 s 85 deleted by 59/1997 s 12 Pt 10 heading amended by 59/1997 s 14 (Sch) ss 89—91 heading preceding s 92 ss 92—99 deleted by 48/2019 Sch 1 cl 5 s 100 s 100(1) substituted by 46/2019 s 24 s 100(1a) inserted by 46/2019 s 24 ss 101—104 s 105 before deletion by 48/2019 s 105(1) amended by 59/1997 s 13(a) s 105(2) amended by 59/1997 s 13(b) s 105(3) amended by 59/1997 s 13(c) s 105 ss 106 and 107 s 108 amended by 48/2019 Sch 1 cl 7 s 109 deleted by 48/2019 Sch 1 cl 8 s 111 deleted by 48/2019 Sch 1 cl 9 s 114 s 114(1) amended by 17/2006 s 154 s 114(3) deleted by 30/2023 Sch 2 cl 5 s 115 deleted by 30/2023 Sch 2 cl 6 Pt 11 heading Sch 2 Pts 1—6 redesignated as cll and scll by 44/2003 s 3(1) (Sch 1) Transitional etc provisions associated with Act or amendments Statutes Amendment (Planning, Infrastructure and Other Matters) Act 2025, Pt 4 7—Transitional provision A declaration made by the Governor pursuant to section 41A(2) of the Law of Property Act 1936 as in force immediately before the commencement of this clause will, on and after that commencement, be taken to have been made by the Minister pursuant to section 41A(2) of that Act. Historical versions Reprint No 1—1.10.1991 Reprint No 2—4.5.1995 Reprint No 3—1.5.1996 Reprint No 4—17.10.1996 Reprint No 5—14.9.1997 Reprint No 6—24.11.2003