sec.240Saving of abolition or modification of common law provided for in repealed Act

### sec.240 Saving of abolition or modification of common law provided for in repealed Act This section applies if a repealed provision provided for the abolition or modification of a common law rule about a matter. To remove any doubt, it is declared that, whether or not there is a corresponding provision for the repealed provision, this Act does not affect the abolition or modification of the common law rule effected by the repealed provision. Without limiting subsection (2), it is declared that— if a document taking effect after the commencement of the repealed Act contains words that would have created an estate tail, the document is taken to create an estate in fee simple; and See section 14 and the repealed Act, section 22. if a tenure is created by the State on granting an estate in fee simple after the commencement of the repealed Act, the tenure is in free and common socage without any incident of tenure for the benefit of the State; and See section 15 and the repealed Act, section 20. if quit rent, or the residue of quit rent, issues to the State out of land after the commencement of the repealed Act, the land is released from quit rent; and See section 16 and the repealed Act, section 20. if a corporation is dissolved, or otherwise ceases to exist, after the commencement of the repealed Act, subject to the Corporations Act, the State is entitled to take as bona vacantia any of the corporation’s property that would have been liable to escheat if escheat had not been abolished; and See section 17 and the repealed Act, section 20. if a life tenant commits, after the commencement of the repealed Act, voluntary or equitable waste that is not permitted under the document creating the life estate, the life tenant is liable in damages to the person entitled, immediately after the life estate ends, to the fee simple interest in remainder in the land; and See section 19 and the repealed Act, sections 24 and 25. if 2 or more persons acquire land after the commencement of the repealed Act in circumstances in which they would have acquired the land as coparceners, the persons acquire the land as tenants in common and not as coparceners; and See section 25 and the repealed Act, section 33. if a receipt for consideration is in the body of a deed or other document executed on or after the commencement of the repealed Act, the receipt is a sufficient discharge for the consideration to the person giving the consideration without any further receipt for the consideration being endorsed on the deed or document; and See section 57 and the repealed Act, section 51. if a seller can not perform a contract for the sale or other disposition of land, after the commencement of the repealed Act, because of a defect in the seller’s title, the court may award damages for loss of bargain against the seller; and See section 83 and the repealed Act, section 68. for a mortgage entered into before or after the commencement of the repealed Act, other than in regard to the making of further advances as mentioned in the repealed Act, section 82(1), the right to tack is abolished; and See section 126 and the repealed Act, section 82. a lease of land for a term of years entered into before or after the commencement of the repealed Act is capable of taking effect at law or in equity from the start of the term, without entry into possession of the land; and See section 138 and the repealed Act, section 102. no interest under the Land Act 1994 or the Land Title Act 1994 can be created, after the commencement of the repealed Act, by prescription or through the doctrine of lost modern grant. See section 182 and the repealed Act, section 198A. (sec.240-ssec.1) This section applies if a repealed provision provided for the abolition or modification of a common law rule about a matter. (sec.240-ssec.2) To remove any doubt, it is declared that, whether or not there is a corresponding provision for the repealed provision, this Act does not affect the abolition or modification of the common law rule effected by the repealed provision. (sec.240-ssec.3) Without limiting subsection (2), it is declared that— if a document taking effect after the commencement of the repealed Act contains words that would have created an estate tail, the document is taken to create an estate in fee simple; and See section 14 and the repealed Act, section 22. if a tenure is created by the State on granting an estate in fee simple after the commencement of the repealed Act, the tenure is in free and common socage without any incident of tenure for the benefit of the State; and See section 15 and the repealed Act, section 20. if quit rent, or the residue of quit rent, issues to the State out of land after the commencement of the repealed Act, the land is released from quit rent; and See section 16 and the repealed Act, section 20. if a corporation is dissolved, or otherwise ceases to exist, after the commencement of the repealed Act, subject to the Corporations Act, the State is entitled to take as bona vacantia any of the corporation’s property that would have been liable to escheat if escheat had not been abolished; and See section 17 and the repealed Act, section 20. if a life tenant commits, after the commencement of the repealed Act, voluntary or equitable waste that is not permitted under the document creating the life estate, the life tenant is liable in damages to the person entitled, immediately after the life estate ends, to the fee simple interest in remainder in the land; and See section 19 and the repealed Act, sections 24 and 25. if 2 or more persons acquire land after the commencement of the repealed Act in circumstances in which they would have acquired the land as coparceners, the persons acquire the land as tenants in common and not as coparceners; and See section 25 and the repealed Act, section 33. if a receipt for consideration is in the body of a deed or other document executed on or after the commencement of the repealed Act, the receipt is a sufficient discharge for the consideration to the person giving the consideration without any further receipt for the consideration being endorsed on the deed or document; and See section 57 and the repealed Act, section 51. if a seller can not perform a contract for the sale or other disposition of land, after the commencement of the repealed Act, because of a defect in the seller’s title, the court may award damages for loss of bargain against the seller; and See section 83 and the repealed Act, section 68. for a mortgage entered into before or after the commencement of the repealed Act, other than in regard to the making of further advances as mentioned in the repealed Act, section 82(1), the right to tack is abolished; and See section 126 and the repealed Act, section 82. a lease of land for a term of years entered into before or after the commencement of the repealed Act is capable of taking effect at law or in equity from the start of the term, without entry into possession of the land; and See section 138 and the repealed Act, section 102. no interest under the Land Act 1994 or the Land Title Act 1994 can be created, after the commencement of the repealed Act, by prescription or through the doctrine of lost modern grant. See section 182 and the repealed Act, section 198A. - (a) if a document taking effect after the commencement of the repealed Act contains words that would have created an estate tail, the document is taken to create an estate in fee simple; and Note— See section 14 and the repealed Act, section 22. - (b) if a tenure is created by the State on granting an estate in fee simple after the commencement of the repealed Act, the tenure is in free and common socage without any incident of tenure for the benefit of the State; and Note— See section 15 and the repealed Act, section 20. - (c) if quit rent, or the residue of quit rent, issues to the State out of land after the commencement of the repealed Act, the land is released from quit rent; and Note— See section 16 and the repealed Act, section 20. - (d) if a corporation is dissolved, or otherwise ceases to exist, after the commencement of the repealed Act, subject to the Corporations Act, the State is entitled to take as bona vacantia any of the corporation’s property that would have been liable to escheat if escheat had not been abolished; and Note— See section 17 and the repealed Act, section 20. - (e) if a life tenant commits, after the commencement of the repealed Act, voluntary or equitable waste that is not permitted under the document creating the life estate, the life tenant is liable in damages to the person entitled, immediately after the life estate ends, to the fee simple interest in remainder in the land; and Note— See section 19 and the repealed Act, sections 24 and 25. - (f) if 2 or more persons acquire land after the commencement of the repealed Act in circumstances in which they would have acquired the land as coparceners, the persons acquire the land as tenants in common and not as coparceners; and Note— See section 25 and the repealed Act, section 33. - (g) if a receipt for consideration is in the body of a deed or other document executed on or after the commencement of the repealed Act, the receipt is a sufficient discharge for the consideration to the person giving the consideration without any further receipt for the consideration being endorsed on the deed or document; and Note— See section 57 and the repealed Act, section 51. - (h) if a seller can not perform a contract for the sale or other disposition of land, after the commencement of the repealed Act, because of a defect in the seller’s title, the court may award damages for loss of bargain against the seller; and Note— See section 83 and the repealed Act, section 68. - (i) for a mortgage entered into before or after the commencement of the repealed Act, other than in regard to the making of further advances as mentioned in the repealed Act, section 82(1), the right to tack is abolished; and Note— See section 126 and the repealed Act, section 82. - (j) a lease of land for a term of years entered into before or after the commencement of the repealed Act is capable of taking effect at law or in equity from the start of the term, without entry into possession of the land; and Note— See section 138 and the repealed Act, section 102. - (k) no interest under the Land Act 1994 or the Land Title Act 1994 can be created, after the commencement of the repealed Act, by prescription or through the doctrine of lost modern grant. Note— See section 182 and the repealed Act, section 198A.