1Redemption of Annuities Act 1909

CrestWestern Australia

Redemption of Annuities Act 1909

Western Australia

Redemption of Annuities Act 1909

Contents

1. Short title 1

2. Interpretation 1

3. Judge may order redemption of annuity on surrender value being ascertained and paid 2

Notes

Compilation table 4

Defined terms

Western Australia

Redemption of Annuities Act 1909

An Act for the redemption of annuities charged on or issuing out of land.

1. Short title

This Act may be cited as the Redemption of Annuities Act 1909 1.

2. Interpretation

In this Act the following terms have the meanings set against them respectively: —

Annuitant means and includes not only the proprietor of an annuity or charge, but also any person, corporation, religious or charitable body or organization entitled (whether as trustee, committee, guardian, or otherwise) to receive and give receipts for any moneys payable from time to time in respect of an annuity.

Annuity means any sum of money payable periodically and charged on or issuing out of land, for a period exceeding a life or lives in being, and shall include any quit rent, chief rent, and rent charge; but does not mean or include a rent reserved on a sale or lease, or a rent made payable under a grant or licence for building purposes, or any sum or payment issuing out of or charged on land not being perpetual.

Judge means a Judge of the Supreme Court.

Land includes land of any tenure, and tenements and hereditaments, corporeal or incorporeal, and houses and other buildings, also an undivided share in land.

Owner means the owner or proprietor whether in possession, remainder, reversion, or otherwise, either at law or in equity of land, and includes the donee of a power to appoint or dispose of the same, a trustee for sale of the fee simple, and the guardian of any infant or the committee of the estate of any lunatic or person of unsound mind lawfully appointed.

Registrar means and includes the Registrar of Titles, and the Registrar of Deeds and Transfers, and any assistant or acting Registrar respectively.

[Section 2 amended: No. 60 of 2006 s. 149; No. 47 of 2011 s. 16.]

3. Judge may order redemption of annuity on surrender value being ascertained and paid

The owner of any land may require an annuitant to surrender any annuity issuing out of or charged on the land, and to discharge the land therefrom, on the following conditions: —