Section 23B — Conveyancing Act 1919 (NSW)

(1) No assurance of land shall be valid to pass an interest at law unless made by deed.
(2) This section does not apply to—
(a) an acknowledgment under section 83 of the Probate and Administration Act 1898,
(b) a disclaimer made in accordance with any law relating to bankruptcy in force before or after the commencement of the Conveyancing (Amendment) Act 1972, or not required to be evidenced in writing,
(c) a surrender by operation of law, and a surrender which may, by law, be effected without writing,
(d) a lease or tenancy or other assurance not required by law to be made in writing,
(e) a vesting order,
(f) any other assurance taking effect under any Act or Commonwealth Act.
(3) This section does not apply to land under the provisions of the Real Property Act 1900.

Related sections

• 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 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

Research how courts apply s 23B

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.