The Property Law Act 1969 sets a wide set of default rules for many everyday property transactions in Western Australia: how deeds must be executed (s.9–10), what must be in writing to create interests in land (s.34–36), implied promises in sales and mortgages (s.45 and Third Schedule), how mortgages, receivers and sales operate (Part VI, especially ss.57–66, 59–63), rules for leases and options (Part VII, Division 1a and Division 2, especially ss.72, 80, 81, 83C–83E), limits on long‑term gifts and trusts (Part XI, ss.99–115), and some special remedies for boundary mistakes and encroachments (ss.122–123).
Mechanically, the Act does these main things:
Creates statutory formalities and default consequences for deeds and instruments: signatures and a witness for deeds (s.9); simplified corporate execution (s.10); and rules for what words imply in conveyances (ss.8, 32–44). These rules reduce the need to negotiate every procedural detail in each transaction and provide uniform standards for validity and delivery. (See ss.9–10, 37–41.)
Sets out what must be in writing: most interests in land must be written and signed (s.34). Parol (oral) creation of interests is limited to short leases (≤3 years) and otherwise creates only an interest at will (s.35). This allocates the compliance burden to parties who want durable property rights: they must record them in writing. (See ss.34–36.)
Implies standard covenants and warranties in conveyances: where a person conveys as beneficial owner, certain covenants for title and, in mortgages, rights on default, are implied by the statute (s.45; Third Schedule). This shifts some negotiation from drafting bespoke warranties to relying on statutory defaults and alters the bargaining baseline for sellers and buyers. (See s.45 and Third Schedule.)
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
Authorised Version
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Sourced from the Western Australian Legislation website (legislation.wa.gov.au). Not the authorised version.
Defines mortgagee powers and limits on exercise: mortgagees have statutory implied powers to sell, insure, and (for mortgages after the Act) appoint receivers (s.57). The Act prescribes notice and timing before sale (s.59), the order of applying sale proceeds (s.61), and protections for purchasers who buy from mortgagees (s.60). These provisions change incentives for mortgagees, mortgagors and third‑party purchasers: mortgagees have clear powers to realise security; purchasers need not investigate the regularity of a power of sale (but injured parties can sue for damages). (See ss.57, 59–63.)
Regulates leases and options: the Act sets default rules for periodic tenancies, termination notice (s.72), limits on withholding consent to assign/sublet (s.80), relief against forfeiture (s.81), and a substantive mini‑regime for options to renew or purchase (ss.83A–83E) that protects lessees from losing options by certain breaches and lets the Court grant relief. These rules change bargaining leverage and introduce judicial discretion into commercial leasing disputes. (See ss.72, 80, 81, 83C–83E.)
Modifies archaic property doctrines and perpetuity rules: the Act abolishes estates tail and Shelley’s Case (ss.23, 27), modernises perpetuity limits (Part XI, e.g. s.101), and provides the Court with powers to resolve perpetuity uncertainties (s.104). These changes update the long‑term architecture of property interests and affect how people can structure long‑running trusts or conditional gifts. (See Parts XI and XII.)
Provides Court remedies for encroachment and boundary mistakes: the Court may vest interests, create easements or order retention of possession in appropriate cases, but such orders require prior planning authority consents (ss.122(6), 123(8)). These sections substitute statutory remediation and judicial ordering for immediate self‑help or strict title disputes. (See ss.122–123.)
Who is affected and who pays
Buyers and purchasers: they benefit from statutory implied covenants and protections (s.45, s.60(2)) but must comply with registration and formality rules (s.34, s.121). They usually pay for conveyancing formalities and registration. (See ss.34, 45, 60.)
Sellers, mortgagors and grantors: they carry implied warranties and may face continuing obligations to perfect title or indemnify (s.45 and Third Schedule). Mortgagors risk mortgagee sale and receivership (ss.57, 65–66); they also pay costs of remedying defaults, insurance, repairs and receiver commissions when appointed (ss.57(1)(b), 65(6), 66). (See s.45; ss.57, 65–66.)
Mortgagees and secured lenders: they are granted statutory powers to realise security, appoint receivers, and insure (s.57), and are protected as purchasers from inquiries into the propriety of a sale (s.60(2)). Mortgagees pay costs of sale and may be liable in damages for wrongful exercise. Receivers may retain commission (s.65(6)). (See ss.57, 60, 65–66.)
Lessors and lessees: lessors must not unreasonably withhold consent to assignment/subletting (s.80) and must follow statutory notice and relief procedures before enforcing forfeiture (s.81). Lessees gain procedural protections when exercising options (ss.83C–83E). Compliance costs (legal notices, court applications) generally fall on the party initiating enforcement or seeking relief. (See ss.80, 81, 83C–83E.)
Corporations and agents: the Act simplifies corporate execution (s.10) and extends special treatment for powers of attorney and irrevocable powers where created for value (ss.84–88). Corporations pay to ensure corporate formalities match the statutory modes. (See ss.10, 84–88.)
Public authorities and courts: the Court has broad discretionary powers under many provisions (e.g. ss.8A, 54, 55, 83D, 122–123), and planning authorities must consent before certain orders (ss.122(6), 123(8)). These create administrative tasks and decision points for Government agencies and judges. (See ss.8A, 54–55, 83D, 122–123.)
Incentives, trade‑offs and implementation effects
Transaction cost reduction versus contractual freedom: statutory defaults (implied covenants, formal execution rules) reduce bargaining over routine items, lowering negotiation costs (s.45; ss.9–10). The trade‑off is reduced freedom to draft around those defaults without explicit contrary wording; parties who want different outcomes must state them clearly (s.45(4)). (See s.45; ss.9–10.)
Lender enforcement incentives and buyer protections: mortgagee powers and purchaser protections (ss.57, 60) speed enforcement and make purchasers less exposed to irregularities, but they also concentrate risk on mortgagors who must monitor mortgagee actions and may need to litigate for damages if sales are wrongful. (See ss.57, 60–63.)
Judicial discretion and uncertainty: multiple provisions leave broad discretion to the Court to vary instruments (s.8A), grant relief in leasing disputes (s.83D), and correct encroachments or mistakes (ss.122–123). This produces flexibility to give practical effect to intentions, but it also creates litigation risk and reduces predictability for private ordering. (See ss.8A, 83D, 122–123.)
Interaction with registration and other statutes: the Act defers or excludes application where other specialised regimes apply — notably land under the Transfer of Land Act 1893, Community Titles Act 2018 or Strata Titles Act 1985 (s.6) and residential tenancy law (s.68A). This layered approach requires parties to check which statutory regime governs their land, increasing compliance complexity. (See ss.6, 68A.)
Compliance burdens and timing rules: many provisions apply only to instruments or events after certain dates (e.g. perpetuity rules, parts of the lease options regime) and the compilation table records numerous amendments. Practitioners must map the law applicable to each instrument by date, increasing due diligence costs. (See Part XI; compilation table.)
Practical implementation risks and likely behaviour changes
Conveyancers and lenders will rely on the Act’s implied covenants and mortgage powers as a baseline, reducing bespoke drafting for routine transfers but increasing the importance of clear express exclusions where parties want different outcomes (s.45(4)).
Lenders may exercise statutory sale and receiver powers more readily where mortgages contain no special terms, because the Act supplies the powers. Mortgagors will have to be vigilant about notice requirements and remedies (ss.57, 59–66). (See ss.57, 59–66.)
Commercial landlords and tenants will use the Court’s option‑relief and lease‑continuance mechanisms (ss.83C–83E), which will shift some disputes into litigation rather than immediate forfeiture. (See ss.83C–83E.)
Parties dealing with encroachments or boundary mistakes are likely to apply to the Court for statutory orders (ss.122–123) rather than relying on strict possessory remedies; but such orders depend on planning authority consents and Court discretion, which may delay resolution. (See ss.122–123.)
Where to look in the Act for key points (quick map)
Formalities for deeds and corporate execution: ss.9–10
Writing requirements and parol exceptions: ss.34–36
Implied covenants in conveyances: s.45 and Third Schedule
Mortgages: Part VI (ss.53–68)
Leases and options: Part VII (ss.68A, 69–83E)
Powers of attorney: Part VIII (ss.84–88)
Perpetuities and accumulations: Part XI (ss.99–115)
Encroachment and boundary remedies: ss.122–123
Service of notices: s.135
This summary describes how the Act operates mechanically, who bears costs or obligations under key provisions, the sources of discretion, and the main trade‑offs the Act creates for private parties and public decision‑makers. Each statutory reference above is to the section cited in the Act.
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 4
Section 117 repealed by the *Wills Act 1970* s. 3.