The Property Law Act 1969 sets default formalities and implied terms for conveyances, mortgages, leases, trusts and encroachment remedies in Western Australia. By prescribing execution/writing rules, statutory warranties, mortgagee powers and tenant protections, it shapes risk allocation and enforcement incentives. Buyers, sellers, lenders, landlords, tenants, courts and planning authorities are most affected — routine transactions become simpler but parties rely more on statutory defaults and judicial discretion.
The Property Law Act 1969 (WA) (the Act) is a comprehensive consolidating statute that amends and rationalises the law relating to real and personal property in Western Australia. Its long title states it is "An Act to amend and consolidate the law relating to property and for incidental purposes." At its core, the Act modernises and codifies common law and equitable principles derived from English statutes adopted in the 19th century (see First Schedule), while repealing obsolete WA enactments (Second Schedule, e.g. the Real Property Transfer Act 1832).
The Act operates in 16 Parts. Part I contains preliminary provisions, including a broad interpretation section (s.7) that defines 47 terms such as "conveyance" (which includes mortgages, leases, assignments and disclaimers but excludes wills), "land" (encompassing corporeal and incorporeal hereditaments, mines, buildings and easements), and "purchaser" (a good faith acquirer for valuable consideration, expressly including marriage but excluding nominal sums). These definitions apply "unless the contrary intention appears" and interact with the Transfer of Land Act 1893 (TLA) for registered land (s.6, which provides that the Act does not apply to land under the TLA, Community Titles Act 2018 or Strata Titles Act 1985 where inconsistent).
Part II standardises deeds and instruments. Section 9 prescribes formalities: a deed must be signed by the party bound and attested by one witness (not a party); sealing is unnecessary except for corporations. Delivery and indenting are abolished. Section 10 governs corporate execution, permitting a seal attested by a director and secretary to bind a purchaser. Section 11(1) abolishes the privity rule for land interests, allowing a non-party to take an immediate or contingent benefit. Section 8 supplies statutory rules of construction (e.g. "month" means calendar month; singular includes plural; gender neutral).
Current sections
Direct links to the current provisions in Property Law Act 1969.
7
Div 1
Application of this Part
Division 1 — Application of this Part
68A. Limitation 43
Division 1a — General
This Part to apply to leases under the Transfer of Land Act 1893 43
Tenant not prejudiced by assignment before notice 43
Tenancy from year to year not implied 44
Termination of tenancies 44
Waiver of a covenant in a lease, not to operate as general waiver 44
Abolition of interesse termini, and as to reversionary leases and leases for lives 45
Effect of extinguishment of reversion 45
Apportionment of conditions on severance 46
Rent and benefit of lessee’s covenants to run with reversion 47
Obligation of lessor’s covenants to run with reversion 48
Effect of licences granted to lessees 48
Consent to assign or sublet not to be unreasonably withheld 49
Restrictions and relief against forfeiture of leases and under‑leases 50
Certain assignments not to be deemed a breach 53
Surrender of head lease to grant new lease not to prejudice under‑lease 53
More sections below
Source text: opening excerpt
Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Western Australia
Property Law Act 1969
Western Australia
Property Law Act 1969
Contents
Part I — Preliminary
Short title 2
Commencement 2
Repeals 2
Savings 2
Application of this Act to certain Acts 3
Terms used in this Act 3
Part II — Deeds and other instruments
Construction of expressions used in deeds and other instruments 7
8A. Other valuation procedures 8
Formalities of deed 9
Execution of instruments by or on behalf of corporations 9
Persons taking who are not parties 11
Description of deeds 11
Conditions and certain covenants not implied 12
Receipt in deed sufficient 12
Receipt in deed or endorsed evidence 12
Construction of supplemental or annexed instrument 12
Part III — General rules affecting property
Tenant for life without impeachment of waste, not to commit equitable waste 13
No merger at law where none in equity 13
Suits for possession of land by mortgagors 13
Assignment of debts and choses in action 13
Stipulations not of the essence of a contract 14
Satisfied terms, whether created out of freehold or leasehold land, to cease 14
Estates tail abolished 15
Creation by deed of freehold in futuro 16
Creation by deed of estate in chattel real 16
Contingent remainders to take effect notwithstanding premature failure of preceding estate 16
Rule in Shelley’s Case abolished 16
Restriction on executory limitations 17
Part III enacts general rules affecting property. It abolishes estates tail (s.23), the Rule in Shelley's Case (s.27), and equitable waste restrictions for tenants for life (s.17). Section 20 codifies assignment of choses in action, requiring written absolute assignment and notice to the debtor. Section 22 provides for merger of satisfied terms. Section 31A (inserted 1971, proclaimed 1972) includes illegitimate children in class gifts, with evidentiary safeguards in subs.(6) and protection for personal representatives distributing without notice (subs.(8)).
Part IV deals with conveyances. Section 32 declares all land lies in grant only; livery of seisin is abolished. Section 33 requires deeds for legal estates (with exceptions for assents, disclaimers and short leases). Sections 34–36 reproduce the Statute of Frauds requirements for writing, with parol exceptions for short leases and part performance savings. Section 37 permits conveyance of fee simple without words of inheritance; the Fourth Schedule provides a short form. Sections 41 and 42 imply general words and the "all estate" clause. Section 44 expressly permits self-conveyance.
Part V implies covenants for title. Section 45 implies covenants according to the capacity in which the vendor conveys (beneficial owner, settlor, trustee, etc.), set out in the Third Schedule. Part I of the Third Schedule implies full title, quiet enjoyment, freedom from incumbrances and further assurance for beneficial owners. These run with the land (s.47) and bind successors (s.48). Section 49 deems annexation of restrictive covenants to each part of the benefited land.
Part VI regulates mortgages. Section 53 provides that absolute foreclosure extinguishes both the debt action and equity of redemption. Sections 57–66 confer implied powers of sale, insurance, receivership and application of proceeds. The power of sale arises on default and one month's notice (s.59, inapplicable to TLA mortgages). Section 60 protects purchaser title; irregularities give only a damages remedy against the mortgagee. Section 61 applies proceeds first to costs, then debt, with surplus to the mortgagor.
Part VII governs leases. Division 1 applies to TLA leases (s.69). Section 72 permits termination of periodic tenancies by one month's notice. Sections 77–78 ensure rent and covenants run with the reversion. Section 80 implies that consent to assignment is not unreasonably withheld. Section 81 provides elaborate relief against forfeiture, requiring notice specifying the breach (s.81(1)) and judicial discretion on terms (s.81(2)). Division 2 (ss.83A–83E, inserted 1973) protects lessees' options from forfeiture for trivial breaches, with "prescribed notice" mechanisms and court relief that continues the lease pending determination (s.83E).
Part VIII codifies powers of attorney. Section 85 continues the power until actual notice of revocation or death; a statutory declaration is conclusive. Sections 86–87 protect irrevocable powers given for value or for a fixed period not exceeding two years.
Part IX voids fraudulent dispositions (ss.89–92). Section 89 renders voluntary alienations with intent to defraud creditors voidable at the instance of any prejudiced person, subject to bona fide purchaser protection.
Part X validates and regulates powers of appointment (ss.93–98), protecting purchasers from void appointments (s.95) and validating those that exclude objects or give illusory shares (s.96).
Part XI reforms the rule against perpetuities. Section 101 permits specification of an 80-year perpetuity period. The "wait and see" rule (s.103) prevents invalidity until it is certain the interest cannot vest in time. Age contingencies are reduced to 21 years (s.105); class gifts are saved for those vesting in time (s.106). Section 107 prescribes the order of applying these reforms. Possibilities of reverter and rights of entry are subject to the rule (s.111). Accumulations are limited (s.113). The rule in Whitby v Mitchell is abolished (s.114). Superannuation funds are exempt (s.115).
Part XII addresses succession. Section 118 carries intermediate income on contingent gifts. Section 120 deems simultaneous deaths to occur in order of seniority for title purposes, with specific rules for insurance, joint tenancies and wills.
Part XIII deals with easements, encroachments and mistakes. Section 121 requires registered grants for light and air easements exceeding 21 years. Sections 122–123 empower the court to grant relief for encroachments or boundary mistakes, subject to planning consent. Sections 124–125 permit recovery of payments made under mistake of law, subject to change of position.
Parts XIV–XVI cover partition (court-ordered sales, s.126), apportionment of income (ss.130–134), and service of notices (s.135, permitting personal service, post or court direction).
The Act thus provides a complete procedural and substantive framework, displacing obsolete doctrines while preserving equity (e.g. s.21 applies equitable rules as to time stipulations at law).
Who it affects
The Act has broad application. Primary affected parties are:
Property owners and purchasers: Sections 32–44 and 37 govern how legal title passes. The implied covenants in s.45 and the Third Schedule bind vendors expressed to convey "as beneficial owner". Self-conveyance is permitted (s.44).
Mortgagors and mortgagees: Part VI (ss.53–68) confers and regulates powers of sale, receivership and insurance. Mortgagees in possession are defined (s.7) and protected (s.62(3)). Section 56 prevents consolidation unless stipulated.
Landlords and tenants: Part VII is central. Lessors must not unreasonably withhold consent to assignment (s.80). Forfeiture relief is available (s.81). Options are protected (ss.83C–83E). Section 68A subordinates the Part to the Residential Tenancies Act 1987.
Settlers, trustees and personal representatives: Implied covenants vary by capacity (s.45(1)(e)–(f)). Trustees and personal representatives covenant only against their own acts (Third Schedule Part VI). Section 31A(8) protects personal representatives distributing without notice of illegitimate claims.
Attorneys and corporations: Parts II and VIII facilitate corporate and attorney execution (ss.10, 84–88). Irrevocable powers receive statutory protection (ss.86–87).
Successors, beneficiaries and creditors: Perpetuities reform (Part XI) affects future interests. Simultaneous death rules (s.120) alter devolution. Fraudulent disposition provisions (Part IX) protect creditors and subsequent purchasers.
Local governments and planning bodies: Court orders for encroachment or mistake relief require Western Australian Planning Commission and local government consent (ss.122(6), 123(8)).
The Crown: Part XI binds the Crown (s.99(2)).
Legal practitioners and courts: The Supreme Court is the "Court" (s.7). It exercises discretion in relief against forfeiture (s.81(2)), perpetuities declarations (s.104), mistake relief (ss.122–123), and apportionment (s.125(2)).
The Act does not apply to TLA land where inconsistent (s.6), but many provisions (e.g. ss.57–66 for receivers, s.69 for leases) are expressly applied or adapted.
Key duties and rights
Duties:
Vendors must convey with implied covenants matching their expressed capacity (s.45). A trustee conveys only that he has not encumbered (Third Schedule Part VI).
Mortgagees exercising power of sale must act in good faith; proceeds are applied strictly per s.61.
Lessors must serve prescribed notice before forfeiture (s.81(1)) and not unreasonably withhold consent (s.80).
Attorneys must act within authority; statutory declarations of non-revocation are conclusive (s.85(3)).
Parties to instruments must observe construction rules (s.8) and writing requirements (ss.34–35).
Personal representatives distributing without ascertaining illegitimate claims are protected only if without notice (s.31A(8)).
Rights:
Non-parties may take benefits (s.11).
Mortgagors may redeem without consolidating (s.56).
Lessees obtain relief against forfeiture on equitable terms (s.81(2)) and protection for options via court relief (s.83D).
Purchasers receive statutory title protection on mortgagee sales (s.60(2)).
Encroachers or mistaken builders may seek vesting orders or compensation (ss.122–123), subject to planning consent.
Beneficiaries under perpetuities reforms benefit from "wait and see" (s.103), age reduction (s.105) and class gift saving (s.106).
Recipients of mistaken payments may rely on change of position (s.125).
Joint tenants (including corporations) benefit from survivorship (s.29).
Covenants run with land (ss.47–49). Apportionment rights exist for income (Part XV).
Penalties and enforcement
The Act is largely civil. No criminal penalties are created, but breaches may sound in damages or equitable relief.
Damages: Improper exercise of power of sale gives a damages action only (s.60(2)). Breach of implied covenants (s.45) or covenants running with land (ss.47–48) sound in damages.
Forfeiture and relief: Section 81(1) renders forfeiture unenforceable without notice. Court relief is discretionary (s.81(2)), on terms including costs, damages and injunctions. Lessors may recover solicitor and surveyor costs as a debt (s.81(3A)–(3B)).
Voidness: Perpetuities infringements are void (Part XI). Fraudulent dispositions are voidable (ss.89–90). Executory limitations may be restricted (s.28).
Court orders: The Supreme Court may declare perpetuities validity (s.104), grant encroachment relief (s.122), mistake relief (s.123), vary instruments for valuation (s.8A), or order partition sales (s.126). Vesting orders are available (ss.54, 55(7), 122(2)).
Injunctions: Available as ancillary relief (s.81(2)(b)).
Receivers: Mortgagees may appoint (s.57(1)(c)); receiver is mortgagor's agent (s.65(2)) with statutory powers and 5% commission (s.65(6)).
Statutory declarations: Conclusive evidence of non-revocation (s.85(3)–(5)).
Enforcement is by action in the Supreme Court. Section 135 governs service. Limitation periods are not altered, but savings preserve accrued rights (s.5).
How it interacts with other laws
The Act is not a code. Section 6 provides it does not apply to TLA land, community titles or strata titles where inconsistent. Many provisions are adapted for TLA mortgages (ss.58, 67(4), 69).
It interacts with:
Interpretation Act 1918 (now 1984): savings in s.5.
Common law and equity: preserved where not displaced (e.g. s.21 applies equitable time rules at law; s.36 saves part performance).
Perpetuities Part XI binds the Crown and applies to wills of testators dying after 6 December 1962 and instruments executed thereafter (s.99). It reforms but does not abolish the rule (s.101).
Fraudulent dispositions (Part IX) preserve bankruptcy law (s.89(2)).
Recent changes and why
The compilation table records amendments up to 2021. Key post-1969 changes:
Property Law Act Amendment Act 1971 and No. 2 inserted s.31A (illegitimates in class gifts) to remove common law discrimination, proclaimed 1972.
Property Law Act Amendment Act 1973 added Division 2 of Part VII (ss.83A–83E) to protect lease options from disproportionate forfeiture, responding to commercial lease hardships.
Property Law Act Amendment Act 1979 inserted s.8A and amended s.8 for valuation where death duty legislation changed, ensuring instruments remain workable.
Acts Amendment (Equality of Status) Act 2003 amended ss.31A, 102, 105, 108, 115 and repealed s.31 to recognise de facto partners and remove illegitimacy distinctions.
Personal Property Securities (Consequential Repeals and Amendments) Act 2011 made minor adjustments.
Strata Titles Amendment Act 2018 and Community Titles Act 2018 updated s.6 and s.68A to preserve primacy of those regimes.
These changes modernised the Act for social (equality, artificial conception) and commercial (lease options, valuation) realities while preserving its consolidating character. No amendments appear in the uncommenced provisions table relevant to core operation.
Court challenges and controversies
The text does not cite specific cases, but the Act's provisions have generated litigation on construction. Courts have considered:
Whether a covenant is "relating to the land" for running purposes (ss.47–48): must "touch and concern" the land.
Reasonableness of withheld consent under s.80: objective test, often litigated in commercial leases.
Relief under s.81: discretionary, weighing prejudice (s.81(2)(a)). The "prescribed notice" procedure in ss.83C–83E has produced disputes on whether a breach is "capable of remedy".
Perpetuities: "wait and see" (s.103) and order of application (s.107) require factual certainty at the time of decision. Section 104 declarations are sought to resolve uncertainty early.
Mistake relief (ss.122–123): "just and equitable" test; planning consent is mandatory, creating a jurisdictional hurdle.
Implied covenants (s.45, Third Schedule): courts construe strictly according to the capacity expressed; variation by deed is permitted (s.45(7)).
Section 31A: evidentiary standard "to the reasonable satisfaction of the Court" (subs.(6)) and parentage admission requirements (subs.(5)) have been contentious in succession matters.
Controversies include the interface with TLA indefeasibility (s.6), the breadth of "purchaser in good faith" (s.95(3)), and whether s.120 simultaneous death rules produce unfair outcomes in insurance or joint tenancy cases. No constitutional challenges are recorded in the text.
Gotchas
Most practitioners overlook several subtle traps grounded in the text:
Capacity misdescription in conveyances: If a vendor is expressed to convey "as beneficial owner" when in fact a trustee, the full Third Schedule Part I covenants are implied (s.45(2) direction rule). Conversely, omitting the words prevents implication (s.45(4)). The short form in the Fourth Schedule still triggers s.37(3) fee simple passage.
Perpetuities order of application: Section 107 is mandatory. Age reduction (s.105) must precede class gift saving (s.106). Applying out of order invalidates otherwise savable limitations. "Wait and see" (s.103) applies only after common law invalidity is certain.
Lease option forfeiture: The 14-day and one-month continuation periods in s.83E are self-executing. A prescribed notice under s.83C must be served after purported exercise; premature notice is ineffective. Court relief (s.83D) can bind assignees of the reversion.
Mortgagee sale protections: Section 60(2) protects the purchaser even if no default existed, but the mortgagor’s remedy is damages against the mortgagee only. However, the mortgagee cannot rely on the section if acting fraudulently.
Illegitimate class gifts: Section 31A(5) requires parentage to be "admitted by or established against the parent in his or her lifetime". Posthumous establishment is insufficient unless via artificial conception (subs.(5a)). Personal representatives distributing without notice are protected (subs.(8)), but the claimant can trace into non-purchaser hands.
Apportionment trap: Section 133(2) prevents distress against the land for an apportioned part of rent; the entire rent must be recovered by the reversioner, who then accounts. This is often missed in assignments of reversion.
Notice service: Section 135(1B) deems postal service at ordinary delivery time "unless the contrary is shown". In electronic-heavy practice, proving non-receipt can be difficult. Court dispensation (s.135(4)) is available but requires application.
Corporate joint tenancy: Section 29(3)–(4) causes automatic devolution on dissolution, equated to death for TLA survivorship (s.227 TLA). This can surprise administrators.
Valuation fallback: If death duty legislation changes, s.8(h) triggers a qualified valuer; s.8A court variation is available but not automatic and requires a person with "proper interest" to apply.
Savings and transitional: Section 5 preserves pre-commencement rights and pending proceedings. Section 99 limits perpetuities reforms to post-1962 wills and post-1962 instruments. Many practitioners assume universal application.
These "gotchas" justify specialist review; seemingly standard transactions can unravel years later on technical breach.
How to comply
Compliance requires systematic due diligence and drafting care.
Identify governing law: Confirm whether land is under TLA (s.6). If registered, use TLA forms; otherwise apply the Act. Check for strata or community title overlay (s.68A).
Draft instruments correctly:
Use deeds for legal estates (s.33). Ensure signature and attestation (s.9). For corporations, follow s.10 or constitutional method.
Express capacity explicitly ("as beneficial owner", "as trustee") to control implied covenants (s.45).
Include contrary intention where excluding statutory rules (e.g. "time is of the essence" to displace s.21).
For leases, state whether consent to assignment may be withheld arbitrarily; otherwise s.80 applies. Draft options to comply with ss.83C–83E.
Perpetuities compliance: Specify an 80-year period (s.101) where possible. Draft limitations to vest within lives in being plus 21 years or use "wait and see". Reduce ages to 21 (s.105). Apply rules in statutory order (s.107). Seek s.104 declaration if uncertain.
Mortgage enforcement: Issue default notice and one month's demand (s.59). Exercise power of sale in good faith; obtain independent valuation. Apply proceeds strictly per s.61. Appoint receiver by writing (s.65); direct application of income (s.66).
Lease management: Serve s.81(1) notice specifying breach, remedy (if capable) and compensation. For options, use prescribed notice only after exercise (s.83C). Record waivers "without prejudice" (s.73(3)).
Due diligence on title and status:
Search for encumbrances (s.7 definition).
For class gifts, establish parentage per s.31A(5)–(6).
In simultaneous death scenarios, apply s.120 presumptions.
Obtain planning consents before seeking ss.122–123 orders.
Execution and service: Use s.135 methods or contractually agreed method. For powers of attorney, obtain statutory declaration on revocation (s.85).
Dispute avoidance: Record all variations of implied covenants by deed (s.45(7)). Use short forms where possible (Fourth Schedule). In partition, request sale if half-share interest (s.126(1)).
Ongoing obligations: Mortgagees must insure properly (s.64); receivers account per s.66. Apportion income on transfers (Part XV). Review for s.8 valuation triggers on death-duty references.
Professional advisers should maintain checklists referencing the compilation table for amendments and cross-reference with TLA, Trustees Act 1962 and planning legislation. Where doubt exists, apply to the Supreme Court for directions or declarations. Compliance minimises forfeiture, invalidity and damages exposure while preserving equitable flexibility.
Section 4Section 117 repealed by the *Wills Act 1970* s. 3.
31A. Illegitimates to be included in class references 18
Part IV — Conveyances and other instruments
Lands lie in grant only 20
Conveyances to be by deed 20
Instruments required to be in writing 21
Creation of interests in land by parol 21
Savings in regard to sections 34 and 35 21
Power to dispose of fee simple by deed without words of inheritance 22
No use to result from absence of consideration 22
Limitations may be by direct conveyance without uses 22
No conveyance to have tortious operation 23
General words implied in conveyances 23
All estate clause implied 24
Partial release of land from rent 24
Power to person to convey property to himself etc. 24
Part V — Covenants
Covenants for title implied 25
Construction of implied covenants 27
Benefits of covenants relating to land 27
Burden of covenants relating to land 28
Construction of covenants affecting land 28
Covenants to be joint and several 28
Effect of covenant with 2 or more jointly 29
Covenants and agreements entered into by a person with himself and another or others 29
Part VI — Mortgages
Foreclosure extinguishes right of action for mortgage debt and equity of redemption 30
Realisation of equitable charges by the Court 30
Sale of mortgaged property in action for redemption or foreclosure 31
Restriction on consolidation of mortgages 32
Implied powers of mortgagees 33
Power to appoint receiver in the case of mortgage under the Transfer of Land Act 1893 35
Regulation of exercise of power of sale 35
Conveyance in exercise of power of sale 36
Application of proceeds of sale 36
Provisions as to exercise of power of sale 37
Mortgagee’s receipts, discharges etc. 37
Amount and application of insurance money 38
Appointment, powers, remuneration and duties of receiver 39
Application of money received by receiver 40
Effect of advance on joint account 41
Notice of trusts affecting mortgage money 42
Part VII — Leases and tenancies
Division 1 — Application of this Part
68A. Limitation 43
Division 1a — General
This Part to apply to leases under the Transfer of Land Act 1893 43
Tenant not prejudiced by assignment before notice 43
Tenancy from year to year not implied 44
Termination of tenancies 44
Waiver of a covenant in a lease, not to operate as general waiver 44
Abolition of interesse termini, and as to reversionary leases and leases for lives 45
Effect of extinguishment of reversion 45
Apportionment of conditions on severance 46
Rent and benefit of lessee’s covenants to run with reversion 47
Obligation of lessor’s covenants to run with reversion 48
Effect of licences granted to lessees 48
Consent to assign or sublet not to be unreasonably withheld 49
Restrictions and relief against forfeiture of leases and under‑leases 50
Certain assignments not to be deemed a breach 53
Surrender of head lease to grant new lease not to prejudice under‑lease 53
Division 2 — Options in leases
83A. Interpretation 55
83B. Construction and application of Division 55
83C. Breach of certain obligations not to preclude lessee from exercising option in certain circumstances 56
83D. Court may grant relief from breach of certain obligations 57
83E. Lease to continue in force until issue decided 58
Part VIII — Powers of attorney
Execution by attorney in his own name 61
Continuance until notice of death or revocation received 61
Irrevocable power of attorney for value 62
Power of attorney made irrevocable for fixed time 63
Application to corporations 64
Part IX — Voidable dispositions
Voluntary conveyances to defraud creditors voidable 65
Voluntary disposition to defraud purchasers voidable 65
Subsequent conveyance not to be evidence of intent to defraud 65
Acquisitions of reversions at an under value 65
Part X — Powers of appointment
Disclaimer etc. of powers 67
Effect of disclaimer etc. 67
Protection of purchasers claiming under certain void appointments 67
Validation of appointments where objects are excluded or take illusory shares 68
Execution of powers not testamentary 68
Application of this Part to existing powers 69
Part XI — Perpetuities and accumulations
Application 70
Terms used in this Part 70
The perpetuity period 71
Capacity to procreate or bear a child 71
Wait and see rule 72
Power of Court to make declaration as to validity of limitations 73
Invalid age contingencies 73
Class gifts 74
Order of applying rules 74
Unborn spouses or de facto partners 75
Dependent limitations 75
Options 76
Application of the rule to possibilities of reverter, rights of entry and resulting trusts 76
Powers of appointment 77
Accumulations of income 77
Rule in Whitby v. Mitchell abolished 78
Superannuation funds etc. 78
Part XII — Succession
Intermediate income of executory or contingent gifts 80
Application of section 120 80
Devolution of property in cases of simultaneous deaths 81
Part XIII — Easements, encroachments and mistake
Easement of light and air only by registered grant or instrument 84
Power of Court to grant special relief in cases of encroachment 84
Relief in cases of mistake as to boundaries or identity of land 86
Recovery of payments made under mistake of law 88
Payments made under mistake of law or fact not always recoverable 89
Part XIV — Partition of land and division of chattels
In action for partition Court may direct land to be sold 90
Proceeds of sale, how applied 91
Costs in partition suits 92
Division of chattels 92
Part XV — Apportionment
Terms used in this Part 93
Income apportionable in respect of time 93
Time when apportioned part payable 93
Recovery of apportioned parts 94
Exceptions and application 94
Part XVI — Service of notices
Mode of service 95
First Schedule — Adopted Acts ceasing to have effect
Second Schedule — Acts repealed
Third Schedule — Implied covenants
Part I — Conveyance for valuable consideration
Part II — Conveyance of leasehold
Part III — Conveyance by way of mortgage
Part IV — Conveyance by way of mortgage of leasehold
Part V — Conveyance by way of settlement
Part VI — Conveyance by person other than beneficial owner
Fourth Schedule — Conveyance
Notes
Compilation table 105
Uncommenced provisions table 107
Other notes 107
Defined terms
Western Australia
Property Law Act 1969
An Act to amend and consolidate the law relating to property and for incidental purposes.
Part I — Preliminary
1. Short title
This Act may be cited as the Property Law Act 1969.
2. Commencement
This Act shall come into operation on a date to be fixed by proclamation.
[3. Deleted: No. 10 of 1998 s. 76.]
4. Repeals
On the coming into operation of this Act —
(a) the Acts of England and the United Kingdom specified in the First Schedule cease to have effect in the State and the provisions of the Acts by which the first mentioned Acts were adopted in the State are repealed; and
(b) the Acts specified in the Second Schedule are repealed to the extent mentioned in that Schedule.
5. Savings
Without prejudice to the operation of the Interpretation Act 1918 1, any alteration, by this Act, of the law whether by the repeal of an enactment, or otherwise, does not, unless otherwise expressly provided by this Act affect —
(a) any right accrued, or obligation incurred, before the date of the coming into operation of this Act under the law so altered; or
(b) the validity or invalidity, or any operation, effect or consequence, of any instrument executed or made, or of anything done or suffered before that date; or
(c) any action, proceeding or thing pending on that date or uncompleted on that date and that action, proceeding and thing may be carried on and completed as if the enactment had not been repealed, or the law otherwise altered.
6. Application of this Act to certain Acts
Except as in this Act expressly provided, this Act so far as inconsistent with the Transfer of Land Act 1893, the Community Titles Act 2018 or the Strata Titles Act 1985, does not apply to land that is under the provisions of any of those Acts.
[Section 6 inserted: No. 42 of 2011 s. 21; amended: No. 32 of 2018 s. 228.]
7. Terms used in this Act
In this Act unless the contrary intention appears —
bankruptcy includes insolvency and liquidation by arrangement, and also any other act or proceeding in law having under any law for the time being in force, effects or results similar to those of bankruptcy;
conveyance includes a mortgage, charge, lease, assignment, appointment, transfer, assent, vesting declaration, disclaimer, release, surrender, extinguishment and every other assurance of property or of an interest therein by any instrument, except a will; and convey has a corresponding meaning;
Court means the Supreme Court or a Judge;
deed in relation to land under the Transfer of Land Act 1893, includes an instrument having the effect of a deed under that Act;
disposition includes a conveyance and also a devise, bequest or an appointment of property contained in a will; and dispose of has a corresponding meaning;
encumbrance includes a legal or equitable mortgage, a trust for securing money, a lien and a charge of a portion, annuity, or other capital or annual sum; and encumbrancee has a corresponding meaning, and includes every person entitled to the benefit of an encumbrance or entitled to require payment or discharge of the encumbrance;
fine includes a premium or foregift and any payment, consideration or benefit in the nature of a fine, premium or foregift;
income in relation to land includes rents and profits;
instrument includes deed and will but does not include a statute, unless the statute creates a settlement;
land includes land of any tenure and mines and minerals whether or not they are held apart from the surface of the land, a building or part of a building, whether the division of the building is horizontal, vertical or made in any other way, and other corporeal hereditaments, and also includes a rent and other incorporeal hereditaments and an easement, right, privilege or benefit in, over or derived from the land and an undivided share in land;
land under the Transfer of Land Act 1893 means any estate or interest registered, or incorporated in the Register, under that Act;
lease includes an under‑lease or other tenancy;
lessee includes an under‑lessee and a person deriving title under a lessee or under‑lessee;
lessor includes an under‑lessor and a person deriving title under a lessor or under‑lessor;
mines and minerals include any strata or seam of minerals or substances in or under any land and the right to work and get the minerals and substances;
mortgage includes a charge or lien on any property for securing money or money’s worth;
mortgage, “mortgagee” and “mortgagor” in relation to land under the Transfer of Land Act 1893, have the same respective meanings as they have in that Act;
mortgage money means the principal interest or other money or money’s worth secured by a mortgage;
mortgagee includes any person from time to time deriving title under the original mortgagee and mortgagee in possession means a mortgagee who in right of the mortgage has entered into and is in possession of the mortgaged property;
mortgagor includes any person from time to time deriving title under the original mortgagor or entitled to redeem a mortgage, according to his estate, interest, or right in the mortgaged property;
notice includes constructive notice;
periodic tenancy means a tenancy of no fixed duration and in respect of which the rent is payable weekly, monthly, yearly or for any other recurring period;
personal representative means the executor, original or by representation or the administrator for the time being of a deceased person;
possession in relation to land includes the receipt of income therefrom or the right to receive the income;
property includes real and personal property and any estate or interest therein and any thing or chose in action;
purchaser means a purchaser in good faith for valuable consideration and includes a lessee, mortgagee or other person who for valuable consideration acquires an interest in property; and where the context so requires “purchaser” includes an intending purchaser and purchase has a corresponding meaning;
registered or duly registered means registered in the manner provided by the Transfer of Land Act 1893 where the land affected is under that Act, and otherwise means registered in the manner provided by, or incorporated in the Register under, the Registration of Deeds Act 1856 (19 Vic. No. 14);
rent includes a rent service or a rent charge, or other rent, toll, duty, royalty or annual or periodical payment or money or money’s worth reserved or issuing out of or charged upon land but does not include fee‑farm rent;
represented person means a person in respect of whom an administration order is in force under Part 6 of the Guardianship and Administration Act 1990;
right of redemption in relation to a mortgage includes an option to repurchase only if the option in effect creates a right of redemption;
sale means a sale properly so called;
securities include stocks, funds and shares;
valuable consideration includes marriage but does not include a nominal consideration in money;
will includes codicil and every other testamentary disposition.
[Section 7 amended: No. 24 of 1990 s. 123; No. 32 of 2018 s. 229.]
Part II — Deeds and other instruments
8. Construction of expressions used in deeds and other instruments
In every deed, contract, will, order and other instrument that is executed, made or comes into operation after the coming into operation of this Act, unless the context otherwise requires —
(a) month means a calendar month;
(b) person includes a body corporate;
(c) every word in the singular number shall be
This is an opening excerpt, not the complete document.