Section 44 — Conveyancing Act 1919 (NSW)

(1) No use shall be held to result merely from the absence of consideration in a conveyance of land as to which no uses or trusts are therein declared.
(2) Every limitation which may be made by way of use operating under the Statute of Uses or this Act may be made by direct conveyance without the intervention of uses.
(2A) A provision in any instrument executed, made, or coming into operation whether before or after the commencement of the Conveyancing (Amendment) Act 1930, directing or authorising land to be conveyed by way of use operating under the Statute of Uses may be given effect to by a direct conveyance without the intervention of uses.
(3) This section applies only to deeds executed after the commencement of this Act.

Related sections

• s 40 — Receipt in deed or indorsed evidence for subsequent purchaser
• s 41 — Mode of exercise of powers
• s 43 — Form of deed
• 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

Research how courts apply s 44

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