Section 83 — Conveyancing Act 1919 (NSW)

(1) In any deed of mortgage, and in any memorandum of transfer of mortgage indorsed thereon or annexed thereto, and in any deed of transfer of mortgage where there are more mortgagees or more transferees than one, any implied covenant with them shall be deemed to be a covenant with them jointly, in equity as well as at law, unless the amount secured is expressed to be secured to them in shares or distinct sums, in which latter case the implied covenant with them shall be deemed to be a covenant with each severally in respect of the share or distinct sum secured to each of them respectively.
(2) This section applies to dealings under the Real Property Act 1900.

Related sections

• 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 84 — Covenants by lessees
• s 84A — Special provisions in relation to certain leases
• s 85 — Powers in lessor

Research how courts apply s 83

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