Property Law Act 2007
Sections and provisions with full text and the judgments that cite each one.
Section 29 — Requirements for vendor’s notice to purchaser
29 Requirements for vendor’s notice to purchaser (1) The notice required by section 28(3)(a) must adequately inform the purchaser of the following matters relating to the remedying of the breach…
Section 30 — Defects that do not invalidate vendor’s notice or prevent purchaser offering reasonable compensation
30 Defects that do not invalidate vendor’s notice or prevent purchaser offering reasonable compensation The notice required by section 28(3)(a) is not invalid, and does not prevent the purchaser from…
Section 31 — Section 28 does not prevent or limit claims for damages
31 Section 28 does not prevent or limit claims for damages Section 28 does not prevent a vendor from claiming, or affect the amount which the vendor may claim by way of, damages for the breach of—…
Section 32 — Instruments have no effect so far as they conflict with section 28, 29, 30, or 31
32 Instruments have no effect so far as they conflict with section 28, 29, 30, or 31 A term has no effect if it— (a) is expressed or implied in an instrument; and (b) conflicts with section 28 , 29 ,…
Section 33 — Relief against cancellation of agreement for sale of land
33 Relief against cancellation of agreement for sale of land (1) A purchaser may apply to a court for relief against cancellation of an agreement for the sale and purchase of land only if— (a) the…
Section 34 — Section 33 replaces all other jurisdiction to grant relief
34 Section 33 replaces all other jurisdiction to grant relief No relief against the cancellation of an agreement for the sale and purchase of land can be granted otherwise than under the powers given…
Section 35 — Application for relief not to constitute admission
35 Application for relief not to constitute admission (1) An application under section 33 must not, in itself, be taken as an admission by the purchaser that— (a) there has been a breach of the…
Section 36 — Instruments have no effect so far as they conflict with section 33 or 34
36 Instruments have no effect so far as they conflict with section 33 or 34 A term has no effect if it— (a) is expressed or implied in an instrument; and (b) conflicts with section 33 or 34 .…
Section 37 — Purchaser may apply for order requiring refund of deposit, etc, in respect of certain agreements
37 Purchaser may apply for order requiring refund of deposit, etc, in respect of certain agreements (1) This section applies to an agreement for the sale and purchase of land if— (a) it comes into…
Section 38 — Court awarding damages against purchaser must take into account relief granted under section 37
38 Court awarding damages against purchaser must take into account relief granted under section 37 (1) The granting of relief under section 37 in respect of an agreement for the sale and purchase of…
Section 39 — Agreements have no effect so far as they conflict with section 37 or 38
39 Agreements have no effect so far as they conflict with section 37 or 38 A term has no effect if it— (a) is expressed or implied in an agreement to which section 37 or 38 applies; and (b) conflicts…
Section 40 — Purchaser of lease must treat lease conditions as having been observed if vendor produces copy of rent receipt
40 Purchaser of lease must treat lease conditions as having been observed if vendor produces copy of rent receipt (1) This section applies to an agreement for the sale and purchase of a leasehold…
Section 41 — Vendor must ensure register not limited as to title (whether or not register is also limited as to parcels)
41 Vendor must ensure register not limited as to title (whether or not register is also limited as to parcels) (1) This section applies to an agreement for the sale and purchase of land comprised in…
Section 42 — Auction sales of property other than goods
42 Auction sales of property other than goods (1) This section applies to the sale by auction of every kind of property other than goods. (2) If the property is put up for sale by auction in lots,…
Section 43 — Later title not invalid because of defect in court order
43 Later title not invalid because of defect in court order (1) This section applies to a person who acquires property, for valuable consideration and without fraud or notice of fraud, from some…
Section 44 — Certain instruments authorise payment to practitioner instead of party for whom practitioner acts
44 Certain instruments authorise payment to practitioner instead of party for whom practitioner acts (1) This subsection applies to an electronic instrument— (a) prepared for registration after…
Section 45 — Apportionments in respect of time
45 Apportionments in respect of time (1) This section applies to a periodical payment in respect of a fixed or ascertainable period (whether the payment is reserved or made payable under an…
Section 46 — Payment and recovery of apportioned part of periodical payment
46 Payment and recovery of apportioned part of periodical payment (1) An apportioned part of a periodical payment is payable and recoverable,— (a) for a continuing right to a payment, only when the…
Section 47 — Apportionment of rent from property
47 Apportionment of rent from property (1) Rent from property, if payable in advance in respect of a period, is apportionable as between the parties to— (a) a transfer or assignment of the property;…
Section 48 — Interpretation
48 Interpretation In this subpart, unless the context otherwise requires,— absolute , in relation to an assignment, means— (a) not conditional; or (b) not by way of charge only assignment means an…
Section 49 — Application of subpart
49 Application of subpart (1) This subpart applies to an assignment of a thing in action made only on or after 1 January 2008. (2) A thing in action that is not capable of being assigned cannot be…
Section 50 — How thing in action assigned
50 How thing in action assigned (1) The absolute assignment in writing of a legal or equitable thing in action, signed by the assignor, passes to the assignee— (a) all the rights of the assignor in…
Section 51 — Further consequences of assignment of thing in action
51 Further consequences of assignment of thing in action (1) This section applies to a thing in action assigned in accordance with section 50(1) or in equity. (2) Payment of all or part of the debt…
Section 52 — Further provisions about assignments
52 Further provisions about assignments (1) The registration of an assignment under an enactment does not, of itself, give actual notice of the assignment to the debtor. (2) Subsection (1) overrides…
Section 53 — Assignment of amounts payable in future
53 Assignment of amounts payable in future An assignment of an amount that will or may be payable in the future under a right already possessed by the assignor (whether the right arises before, on,…
Section 54 — Effect of no registration clause
54 Effect of no registration clause (1) This section applies to an instrument (whether coming into operation before, on, or after 1 January 2008) if— (a) it creates a lease of land, a mortgage over…
Section 55 — Tenants in common may declare that they are joint tenants
55 Tenants in common may declare that they are joint tenants (1) Two or more persons beneficially entitled to property as tenants in common may, by deed, declare that they are joint tenants of the…
Section 56 — Person may dispose of property to himself, herself, or itself
56 Person may dispose of property to himself, herself, or itself (1) A person may dispose of an estate or interest in property to himself, herself, or itself, alone or jointly with some other person.…
Section 57 — Feudal incidents of estate in fee simple abolished
57 Feudal incidents of estate in fee simple abolished (1) A Crown grant of land, or a certificate of title or computer register having the force and effect of a Crown grant of land, whether issued…
Section 58 — 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…
Section 59 — Future estates and interests
59 Future estates and interests (1) Estates and interests in property may be created that take effect at a future time. (2) Subsection (1) applies subject to the rule against perpetuities and the…
Section 60 — Doctrine of interesse termini abolished
60 Doctrine of interesse termini abolished (1) The legal doctrine of interesse termini is abolished. (2) A lessee acquires an estate in the land at the time fixed for the commencement of the lease,…
Section 61 — Life estate in leasehold estate
61 Life estate in leasehold estate An estate for life may be created in relation to a leasehold estate in land. Compare: 1952 No 51 s 19
Section 62 — Creation and disposition of estates and interests in property
62 Creation and disposition of estates and interests in property (1) Every estate, interest, or right in property that can be created or disposed of may be created or disposed of by an individual—…
Section 63 — Contingent remainders and interests
63 Contingent remainders and interests (1) A contingent remainder or contingent interest in land may follow a leasehold estate in the land. (2) A contingent remainder or contingent interest in land,…
Section 64 — When gifts over cease to be capable of taking effect
64 When gifts over cease to be capable of taking effect (1) This section applies if— (a) a person ( person A ) is entitled to an estate or interest in land; and (b) the estate or interest is subject…
Section 65 — Meaning of heirs and similar words
65 Meaning of heirs and similar words (1) This section applies— (a) to an instrument coming into operation on or after 1 January 1953; but (b) subject to the terms of the instrument. (2) Subsection…
Section 66 — Future interests to carry accumulated income
66 Future interests to carry accumulated income (1) This section applies to an interest in property— (a) created by an instrument coming into operation on or after 1 January 1953; and (b) taking…
Section 67 — Vendor has no lien
67 Vendor has no lien A vendor of land has no legal or equitable lien over the land because of unpaid purchase money. Compare: 1952 No 51 s 28
Section 68 — Voluntary waste or equitable waste by life tenant or lessee
68 Voluntary waste or equitable waste by life tenant or lessee (1) A life tenant or a lessee of land is liable in damages for the tort of voluntary waste and the tort of equitable waste to the person…
Section 69 — Voluntary or equitable waste by co-owner
69 Voluntary or equitable waste by co-owner A co-owner of land is liable in damages to the other co-owners of the land for any loss arising from an act or omission that would be the tort of voluntary…
Section 70 — Permissive waste abolished
70 Permissive waste abolished The tort of permissive waste is abolished.
Section 71 — Release of part of land from rentcharge
71 Release of part of land from rentcharge (1) This section applies if an encumbrance over land securing a rentcharge is released in relation to part of the land. (2) The rentcharge remains secured…
Section 72 — Body corporate may hold property as joint tenant
72 Body corporate may hold property as joint tenant (1) If a body corporate has power to acquire and hold property, the body corporate may acquire and hold property as a joint tenant with 1 or more…
Section 73 — Release and disclaimer of powers
73 Release and disclaimer of powers (1) This section— (a) applies to a power to deal with or dispose of property whether or not the person who can exercise the power has an interest in the property…
Section 74 — Power to appoint among different objects
74 Power to appoint among different objects (1) If an instrument creates a power to appoint property among several objects, the power may be exercised— (a) to exclude some or all of those objects:…
Section 75 — Application of Part
75 Application of Part (1) This Part (except as provided in section 76 ) applies in accordance with section 8 to every mortgage that comes into operation before, on, or after 1 January 2008. (2)…
Section 76 — Application of sections 79, 92, 94, 95, and 96
76 Application of sections 79, 92, 94, 95, and 96 (1) Sections 79 and 95(1) and (2) apply to every mortgage over land that comes into operation on or after 1 January 2008. (2) Section 92 applies to…
Section 77 — Non-application of Part to security interests in consumer goods
77 Non-application of Part to security interests in consumer goods Nothing in subparts 3 to 8 applies to security interests in consumer goods to which the Credit (Repossession) Act 1997 applies.
Section 78 — Provisions of Part are supplementary, but subject, to Personal Property Securities Act 1999 in relation to mortgages over personal property
78 Provisions of Part are supplementary, but subject, to Personal Property Securities Act 1999 in relation to mortgages over personal property (1) If a provision of this Part applies to a mortgage…