Section 58 — Property Law Act 2007: Abolition of obsolete estates and rules

58 Abolition of obsolete estates and rules (1) The following may not be created or done: (a) estates tail and estates by wrong: (b) the making of a forfeiture by any conveyance: (c) the passing of the legal estate in any land by the following means: (i) a covenant to stand seized: (ii) livery of seisin: (iii) a contract for the sale and purchase of land. (2) In an instrument coming into operation on or after 1 January 1953, words which, before that date, would have created an estate tail are to be treated as creating an estate in fee simple. (3) Words in an instrument which, but for the abolition of the rule of law known as the rule in Shelley’s case (by section 5(1)(a) of the Property Law Amendment Act 1951 and section 22 of the Property Law Act 1952), would have operated to give a person an interest in fee simple are to be treated as words of purchase and not of limitation. Compare: 1952 No 51 ss 15–17 , 22