Legislation › Conveyancing Act 1919 (NSW) Conveyancing Act 1919 (NSW) An Act to amend and consolidate the law of property and to simplify and improve the practice of conveyancing; and for such purposes to amend certain Acts relating thereto.
Sections (352) s 1 — Name of Act and commencement s 3 — Repeals s 4 — Operation of Act s 5 — Restriction on validation of instruments s 6 — Application of Act to Real Property Act 1900 and other Acts s 6A — Application of Act to electronic form plans and other documents s 6B — Fees s 6C — Electronic form documents and signatures s 7 — Definitions s 7A — Current plan s 9 — Equitable waste s 10 — Merger s 11 — Mortgagor s 12 — Assignments of debts and choses in action s 13 — Stipulations not of the essence of contracts s 14 — The immediate freehold of land to lie in grant as well as in livery s 15 — Creation of certain estate in chattels real s 16 — When contingent remainders capable of taking effect s 17 — Rule in Shelley’s case excluded in certain cases s 18 — Release of part of land from rent charge not to extinguish whole charge s 19 — Limitations of estates tail to pass the fee simple s 19A — Estates tail—further provisions s 21 — Dower abolished s 22 — No assurance to have tortious operation s 23 — Dealings with land of undischarged bankrupt s 23A — Abolition of the double possibility rule s 23B — Assurances of land to be by deed s 23C — Instruments required to be in writing s 23D — Creation of interests in land by parol s 23E — Savings in regard to secs 23B, 23C, 23D s 23F — Certain transactions to refer to lots shown on current plan s 23G — Exceptions to sec 23F s 23H — Definitions s 23I — Transactions s 23J — Definition s 23K — Transactions s 24 — Person may assure property to himself or herself, or to himself or herself and others s 25 — Power for corporations to hold property as joint tenants s 26 — Construction of conveyance etc of any property beneficially to two or more persons together s 27 — Tenants in common of equitable estate acquiring the legal estate s 28 — Release and disclaimer of powers s 29 — Appointments to be valid notwithstanding one or more objects excluded s 29A — Protection of purchasers claiming under certain void appointments s 29B — Restrictions on executory limitations s 29C — Restrictions on operation of conditions of forfeiture s 30 — Notice of severance of joint tenancy s 32 — Vesting in executor or administrator de bonis non s 33 — Meaning of heir, next of kin, or statutory next of kin of any person s 34 — Meaning of heir (male or female) or heirs (male or female) of the body of any person s 35 — Presumption of survivorship s 36A — Power to direct division of chattels s 36B — Contingent and future interests to carry the intermediate income s 36C — Persons taking who are not parties s 36D — Provisions as to supplemental instruments s 37A — Voluntary alienation to defraud creditors voidable s 37B — Voluntary alienation of land how far voidable as against purchasers s 37C — Acquisitions of reversions at an under value s 38 — Signature and attestation s 38A — Electronic form deeds s 39 — Receipt in deed sufficient s 40 — Receipt in deed or indorsed evidence for subsequent purchaser s 41 — Mode of exercise of powers s 43 — Form of deed s 44 — No use to result from absence of consideration s 45 — Grant of easements etc by way of use s 45A — Reservation of easements etc in conveyances of land s 46 — In conveyance use of word grant unnecessary s 47 — Words of limitation in fee s 50 — Rights of entry etc s 51A — Execution of instruments by or on behalf of corporations s 52 — Application of Part 4 to land under Real Property Act 1900 s 52A — Contracts for sale of land s 53 — Obligation to show title etc s 54 — Application of stated conditions to all sales s 54A — Contracts for sale etc of land to be in writing s 54B — Damages: defective title s 55 — Right of purchaser to recover deposit etc s 56 — No rescission by vendor on purchaser’s objections etc until purchaser has reasonable opportunity to waive objections etc s 57 — Conditions of sale of land under the provisions of the Real Property Act 1900 s 58 — Notice of restrictive covenants s 59 — Rights of purchaser as to execution s 60 — Implied conditions in contracts for sale of land s 61 — Conditions of sale and agreements as to stamp duty void s 63 — Covenants to produce implied by schedule of documents s 64 — Satisfaction of covenants to produce deeds s 65 — Auction sales s 66 — Provision by court for incumbrances and sale freed therefrom s 66A — Consents to the execution of a trust for sale s 66B — Purchaser not to be concerned with the trusts of the proceeds of sale which are to be paid to two or more trustees or to a trust corporation s 66C — Implied trust for sale in personalty settlements s 66D — Powers of management etc conferred on trustees for sale s 66E — Powers of court where trustees for sale refuse to exercise powers s 66F — Definitions s 66G — Statutory trusts for sale or partition of property held in co-ownership s 66H — Trustee on statutory trusts for sale or partition to consult persons interested s 66I — Right of co-owners to bid at sale under statutory power of sale s 66J — Definitions s 66K — Postponement of passing of risk to purchaser s 66L — Power to rescind contract where land substantially damaged s 66M — Abatement of purchase price where land damaged s 66N — Refusal to enforce specific performance against vendor s 66O — Contracting out s 66P — Definitions s 66Q — Meaning of “residential property” s 66R — Preparation of proposed contract for sale of land s 66S — Cooling off period s 66T — No cooling off period in certain cases s 66U — Cooling off rights s 66V — Consequences of rescission s 66W — Certificates s 66X — Contract to contain statement regarding cooling off period s 66Y — Operation of Division 8 s 66Z — Definitions s 66ZA — Option to contain certain terms, conditions and warranties s 66ZB — Cooling off period s 66ZC — No cooling off period in certain cases s 66ZD — Cooling off rights s 66ZE — Consequences of rescission s 66ZF — Certificates s 66ZG — Option void in certain circumstances s 66ZH — Option to contain statement regarding cooling off period s 66ZI — Annexure of proposed contract for sale of land s 66ZJ — Provisions relating to notices under sections 66ZH and 66ZI s 66ZK — Operation of Division 9 s 66ZL — Definitions s 66ZM — Documents to be attached to off the plan contract s 66ZN — Service of notice of changes s 66ZO — Purchaser’s right to rescind after service of notice of changes s 66ZP — Purchaser’s right to rescind after service of registered plan s 66ZQ — Notice of rescission s 66ZR — Consequences of rescission after service of notice of changes s 66ZS — Rescission under sunset clauses s 66ZT — Deposit and instalments to be held as trust or controlled money s 66ZU — Operation of Division 10 s 67 — General words in conveyances of land or buildings s 68 — Provision for all the estate etc s 69 — Application of Part 6 to land under the Real Property Act 1900 s 70 — Benefit of covenants relating to land s 70A — Burden of covenants relating to land s 71 — Effect of covenant with two or more jointly s 72 — Covenants etc by a person with himself or herself and another, or others s 73 — Implied covenants to be joint and several s 74 — Implied covenants may be negatived etc s 75 — Benefit of implied covenants s 76 — Construction of implied covenants and provisions s 77 — No implied rights in certain cases s 78 — Covenants for title to be implied s 79 — Covenants implied on conveyance of property subject to incumbrance s 80 — Covenant implied in mortgage s 81 — Short forms of covenants by mortgagor s 82 — Case in which covenant in sec 80 not implied s 83 — Implied covenants, with mortgagees s 84 — Covenants by lessees s 84A — Special provisions in relation to certain leases s 85 — Powers in lessor s 86 — Short forms of covenants by lessees s 87 — Cases in which covenants or powers in secs 84 and 85 not implied s 87A — Definitions s 88 — Requirements for easements and restrictions on use of land s 88AA — Limitation of enforceability of profits à prendre s 88AB — Forestry rights to be deemed to be profits à prendre s 88AC — Other easements and restrictions appurtenant to easements s 88A — Easements in gross s 88BA — Positive covenants for maintenance or repair s 88BB — Creation of cross-easements for party walls by plans s 88B — Creation and release of easements, profits à prendre and restrictions on use of land by plans s 88C — Restrictions relating to brick construction s 88D — Regulation of use of land held by a prescribed authority s 88E — Regulation of use of land not held by a prescribed authority s 88EA — Regulation of use of land subject to a forestry right s 88F — Effect of certain positive covenants s 88G — Certificate of amount due s 88H — Injunctions s 88I — Transfer of land to prescribed authority s 88J — Production of title documents where sale, lease or foreclosure s 88K — Power of Court to create easements s 89 — Power of Court to modify or extinguish easements, profits à prendre and certain covenants s 89A — Application of Division s 89B — Memorandum of covenants s 89C — Inclusion in registrable instrument of covenants in registered memorandum s 90 — Application of Division 1 to land subject to Real Property Act 1900 s 91 — Indorsements on mortgages s 92 — Mortgagee accepting interest on overdue mortgage not to call up without notice s 93 — Right to redeem before time fixed for redemption s 94 — Obligation on mortgagee to transfer instead of discharging s 95 — Person entitled to require transfer s 96 — Power for mortgagor to inspect title deeds s 96A — Notice of trusts affecting mortgage debts s 97 — Consolidation of mortgages abolished s 98 — Facilitation of redemption in case of deceased, absent or unknown mortgagees s 99 — Effect of advance on joint account etc s 99A — Foreclosure order for certain charged land s 100 — Foreclosure extinguishes right of action for debt, and equity of redemption s 101 — Foreclosure, sale or redemption of land partly under the Real Property Act 1900 s 102 — On judgment for mortgage debt the interest of the mortgagor not seizable s 103 — Sale of mortgaged or charged property in proceedings for foreclosure etc s 104 — Mortgaged property may be sold or leased together at one price or rent s 105 — Application of Division 2 s 106 — Leasing powers where mortgages or certain charges s 107 — Acceptance of certain surrenders of leases s 108 — Application of Division 3 s 109 — Powers of mortgagees and certain chargees s 109A — Saving on severance of fixtures s 110 — Powers incidental to power of sale s 111 — Regulation of exercise of power of sale s 111A — Duties of mortgagees and chargees in respect of sale price of land s 112 — Protection of purchaser and disposal of proceeds of sale s 113 — Receipts and discharges s 114 — Amount and application of insurance money s 115 — Powers, remuneration and duties of receiver s 115A — Appointment of receivers s 116 — Application of Part 8 to land under Real Property Act s 117 — Rent and benefit of lessees’ covenants to run with reversion s 118 — Obligation of lessors’ covenants to run with reversion s 119 — Apportionment of conditions on severance etc s 120 — Restriction of effect of waiver s 120A — Abolition of interesse termini and as to reversionary leases s 121 — Chief leases may be renewed without surrendering under-leases s 122 — When reversion on a lease is surrendered etc the next estate to be deemed the reversion s 123 — Restriction on effect of licence to alien etc s 124 — Restricted operation of partial licences s 125 — Attornment etc s 126 — Contract for lease not part of title to lease s 127 — Tenancy from year to year not to be implied s 128 — Definitions s 129 — Restrictions on and relief against forfeiture of lease s 130 — Power of court to protect under-lessee on forfeiture of superior leases s 131 — Costs and expenses s 132 — No fine for a licence to assign s 133 — Involuntary assignment no breach of covenant against assignment etc s 133A — Provisions as to covenants to repair s 133B — Covenants against assigning etc s 133C — Definitions s 133D — Application of Division s 133E — Breach of certain obligations not to preclude option except in certain circumstances s 133F — Court may grant relief from breach of certain obligations s 133G — Lease to continue in force until issue decided s 134 — Enlargement of residue of long term into fee simple s 135 — Lease deemed to be granted in intended exercise of power s 136 — Certain invalid leases under powers to be construed as agreements to lease s 137 — Certain leases validated where grantor could not grant them s 138 — Confirmation of invalid leases s 139 — Lessee bound to accept confirmation of lease s 140 — Savings s 141 — This Part not to extend to certain leases s 142 — Definitions s 144 — Rents and periodical payments s 145 — Charges on property of deceased to be paid primarily out of the property charged s 146 — Recovery of annual sums charged on land s 146A — Capacity of aliens to hold and deal with property and interests in property s 147 — Acknowledgment by married woman not necessary s 148 — Married woman may by deed dispose of land or reversionary interest in property etc s 151A — Minors not to be appointed trustees s 151C — Management of land during minority s 151D — Power to appoint trustees of minors’ property s 152 — Definitions s 153 — Powers of executors and administrators as to sale, mortgage or lease of real estate s 154 — Powers of executors as to sale, mortgage or lease of real estate s 156 — Validation of certain sales by administrators s 157 — Purchaser from devisee etc not bound to inquire as to payment of debts of testator or intestate s 157A — Trustee or personal representative deemed entitled to sell and convey land resumed under statutory authority s 164 — Restriction on constructive notice s 165 — Stamping of documents not to give notice of trust or written contract s 168 — Verification of instruments executed out of New South Wales s 168A — Verification of instruments executed out of New South Wales by persons engaged on war service s 169 — Statutory declarations s 170 — Service of notices s 171 — Effect of payment into court s 173 — Orders of court conclusive s 174 — Invalidity of writ not to affect sale s 175 — Property subject to power may be sold in execution s 176 — Protection of solicitors, licensed conveyancers, trustees etc s 177 — Duty of care in relation to support for land s 177A — No distress for rent s 178 — No way by user against Crown etc s 179 — Right to light or air not deemed to exist by reason only of enjoyment or presumption of lost grant s 180 — Sale under power not to be avoided by reason of mistaken payment to tenant for life s 181 — Construction of expressions used in deeds and other instruments s 181A — Construction of expressions used to create easements s 181B — Construction of expression “party wall” in assurances of land s 182 — Saving clause as to acknowledgments endorsed on mortgages previously to 1893 s 183 — Punishing of vendor for fraudulent concealment of deeds or falsifying pedigree s 184 — Abolition of Rule in Pigot’s Case s 184A — Registration copies s 184B — Application of Division to certain instruments s 184C — General Register of Deeds s 184D — Registration of instruments s 184E — Method of registration s 184F — Destruction of documents s 184G — Instruments affecting land to take effect according to priority of registration s 184H — Mistakes in registration s 184I — Correction of Register s 184J — Provisions respecting certain Crown grants s 186 — Writs and orders under judgments or relating to legal proceedings s 187 — Orders affecting land s 188 — Protection of purchasers against non-registered writs etc s 189 — Judgments not to be a charge on land until writ or order registered s 190 — Charge on land to include expenses of registration s 190A — Vacation of registration of causes, writs and orders s 191 — Application of Division to land under Real Property Act 1900 s 192 — Writs, orders etc to which Division applies s 193 — Legal proceedings to which Division applies s 194 — Crown bound by Division s 195 — Definitions s 195AA — Electronic plan lodgment system s 195A — Lodgment of plans with Registrar-General s 195B — Refusal to accept lodgment s 195C — Form and certification of plans s 195D — Signatures and consents s 195E — Recording of plans which are not to be registered s 195F — Certain plans to be in registrable form s 195G — Registration of plans s 195H — Amendment or replacement of plans s 195I — Conveyance of land in plans s 195J — Effect of registration or of rejection of plans s 196 — Presumptions relating to plans s 196AA — Power of Registrar-General to serve notice of proposed action s 196AB — Notice to produce electronic form plans and other documents s 196A — Registration of resumptions s 196B — Application of Division s 196C — Definitions s 196D — Building management statement may be registered s 196E — Formal requirements s 196F — Recording of information relating to building management statement s 196G — Amendment of building management statement s 196H — Signing of building management statement s 196I — Effect of building management statement s 196J — Effect of registration of strata management statement on building management statement s 196K — Certain easements implied on registration of building management statement s 196L — Effect of certain easements for access or services in buildings s 197 — Official searches s 198 — Index to registers s 199 — Registers to be public records s 200 — Vacation of entries s 201 — Vacation of entry of legal proceedings s 202 — General rules under this Part as to registration and fees s 202A — Savings, transitional and other provisions s 203 — Repeal s 203AA — Keeping of plans and other documents s 203A — Evidence of registered or recorded electronic form plans and documents s 204 — Registrar-General’s requisitions s 205 — Definitions s 206 — Establishment of the Central Register s 207 — Recording information in the Central Register s 208 — Access to information in the Central Register s 209 — Providing information on behalf of participating party s 210 — Fees s 211 — Protection from liability s 212 — Agreements s 213 — Rights and responsibilities of participating parties s 214 — Consultation with participating parties s 215 — Application to Real Property Act land Sourced from the New South Wales Legislation website at 8 June 2026. 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