8Vesting of Communities’ land

8 Vesting of Communities’ land

8 Vesting of Communities’ land

(1) All community land of a community shall by virtue of this Act—

(a) vest in the body corporate constituted under this Act for that community, and

(b) be thereupon divested from the person in whom it was thereinbefore vested.

(2) No vesting by virtue of this Act shall affect any encumbrance, lien, estate or interest to which, at the time of the vesting, the property so vested was subject in the hands of the person from whom it was divested.

The body corporate in which the property vests shall become, jointly with the person liable at the time of the vesting, and severally, liable under every contract, engagement and cause of action, in relation to the property vested, under which the person from whom the property was divested was liable at the time of the vesting.

The body corporate shall be liable to indemnify the person from whom the property was divested his executors and administrators against every claim, action, suit and other proceeding which shall be made or taken in respect of any such contract engagement or cause of action.

The person from whom the property was divested shall have a charge or lien on the property divested to the extent to which and in the circumstances in which the charge or lien would have attached if the property had not been divested; but the charge or lien, or possibility thereof, shall, in favour of a person dealing for value with the body corporate in which the property is vested be deemed not to exist unless and until the person entitled thereto has after the commencement of this Act and before such dealing given written notice to the body corporate of its existence or of the possibility of its arising.

A statement under the common seal of the body corporate that no such notice has been received before such dealing shall be conclusive evidence of the fact so stated in favour of any person dealing for value with the body corporate in respect of the divested property.

(3) Subsections (1) and (2) shall, in their application to and in respect of the communities referred to in paragraphs (xix) and (xx) of the definition of Community and the community lands of those communities, have and take effect as on and from the commencement of the Roman Catholic Church Communities’ Lands (Amendment) Act 1943; and for the purposes of such application the reference in subsection (2) to the “commencement of this Act” shall be read and construed as a reference to the “commencement of the ”.