Section 58 — Conveyancing Act 1919 (NSW)

(1) Where land having a common title with other land is disposed of to a purchaser (other than a lessee or a mortgagee) who does not hold or obtain possession of the documents forming the common title, such purchaser, notwithstanding any stipulation to the contrary, may require that a memorandum giving notice of any provision contained in the disposition to him or her restrictive of user of, or giving rights over, any other land comprised in the common title shall where practicable, be indorsed on, or, where impracticable, be permanently annexed to some one document selected by the purchaser but retained in the possession or power of the person who makes the disposition, or to be deposited by him or her with the Registrar-General under section 53(2)(e), and being or forming part of the common title.
(2) The title of any person omitting to require an indorsement to be made or a memorandum to be annexed shall not, by reason only of this enactment, be prejudiced or affected by the omission.

Related sections

• 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 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

Research how courts apply s 58

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