New Zealand Legislation: Acts
Acts are laws made by Parliament
Reprint as at 20 June 2011
| Public Act | 1952 No 51 |
| Date of assent | 24 October 1952 |
Property Law Act 1952: repealed, on 1 January 2008, by section 366(c) of the Property Law Act 2007 (2007 No 91).
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.
This Act is administered in the Ministry of Justice
1 Short Title and commencement
3 Application to Land Transfer land
Part 1
Deeds and other instruments
6 Receipt for consideration money
7 Person not named may take benefit [Repealed]
8 Construction of supplemental or annexed deed
Part 2
General rules affecting property
15 Certain forms of assurance abolished
18 Freehold in futuro may be created
19 Estate in chattel real may be created by deed
20 When contingent remainders capable of taking effect
22 Certain expressions to be words of purchase; rule in Shelley's case abolished
23 Restriction on executory limitations
26 Possibility upon a possibility
30 No merger by operation of law
31 Release of part of land charged not to be extinguishment of rent
32 Corporations may hold as joint tenants
33A Restrictions on ground of colour, race, etc, to be void
33B Restrictions requiring sterility
35 Intermediate income of contingent or executory gifts
36 Receipts for income by married infants
37 Heirs and other words interpreted
38 Heirs of the body and other words interpreted
40 Appointments valid notwithstanding objects excluded
40A Property agreements between persons cohabiting as husband and wife
Part 3
Assurances of real and personal property
43 Fee to pass without words of limitation
45 Conveyance to vest ownership
46 Conveyance subject to trust
47 What a conveyance of land is deemed to include
48 Declaration by tenants in common to become joint tenants
49 Person may convey property to himself
49A Certain instruments to be in writing
Part 4
Powers and conditions of sale and protection of purchasers and creditors
50 Restrictions on and relief against rescission
52 Application of stated conditions of sale
54 Contracts where certificate of title is limited
55 Rights of purchaser as to execution
56 Payment of consideration money to solicitor
57 Validity of conveyances by executors, etc
58 Restriction on constructive notice
60 Alienation with intent to defraud creditors
61 Voluntary alienation of land with intent to defraud purchaser
62 Purchase in good faith of reversion not to be set aside for undervalue only
62A Rule in Bain v Fothergill abolished
63 Benefit of covenants relating to land
64 Burden of covenants relating to land
64A Covenants to run with land
65 Effect of covenant with 2 or more jointly
66 Covenants and agreements made by a person with himself and others
66A Covenants and agreements made by a person with himself
67 Covenants to be joint and several
68 Implied covenants may be negatived
69 Benefit of covenant for title
71 Power to re-enter not implied
Part 6
Covenants implied in conveyances generally
72 Covenants implied in conveyance by way of sale, etc
73 Covenants implied in conveyance subject to encumbrance
74 Covenants implied in conveyance of term of years
75 Covenants implied in conveyance by trustees, etc
77 No equitable mortgage by deposit of deeds
78 Covenants, etc, implied in all mortgages
80 Effect of advance on joint account, etc
80A Security for further advances
80B Right of mortgagor to bring proceedings against mortgagee
82 Mortgagor may require mortgagee to assign instead of reconveying
83 Encumbrancer to have the like right
84 Power for mortgagor to inspect title deeds
85 Restriction on consolidation
86 Sale of mortgaged property in action for redemption
87 Repayment when mortgagee cannot be found, etc
Rights of mortgagor in possession
88 Suit for possession of land by mortgagor
Powers and rights of mortgagee and restrictions thereon
90 Mortgagee accepting interest not to call up without notice
91 Powers of mortgagee in possession
92 Restriction on exercise by mortgagee of his rights
93 Power to authorise land and minerals to be dealt with separately by mortgagee
94 Power of sale in mortgage includes certain powers incident thereto
95 Mortgagee in possession may cut and sell certain trees
96 Application of last 2 sections
97 Mortgaged property may be sold or leased together at one price or rent
98 Mortgagee's receipts, discharges, etc
Sale by mortgagee through registrar of High Court
99 Sale of mortgaged land by Registrar
100 Mortgagor may redeem at mortgagee's valuation
101 Mortgagee may become purchaser
102 Protection of bona fide purchaser
102A Payment of surplus money after sale when mortgagor cannot be found
103 Fees payable on applications
103A Duty of mortgagee exercising power of sale
Liability to mortgagee of purchaser of land subject to mortgage
104 Purchaser personally liable to mortgagee
Part 7A
Special provisions applying to mortgagees in possession of or receiving income from mortgaged property
104DD Notice of entry into possession of, or receipt of income from, mortgaged property
104FF Mortgagor to make information available to mortgagee
104HH Duty in relation to money
104II First report by mortgagee
104JJ Further reports by mortgagee
104KK Extension of time for preparing reports
104LL Persons entitled to receive reports
104MM Persons entitled to inspect reports
104NN Duty to notify breaches of other Acts
104OO Notice that mortgagee no longer in possession of, or receiving income from, mortgaged property
104PP Court may terminate or limit exercise of mortgagee's powers
104QQ Defences available to directors in proceedings for offences under this Part
104C Restrictions on contracting out
104D Leases of dwellinghouses intended to be demolished for public works, etc
104E Leases of dwellinghouses where lessor intends to redevelop, etc
105 Tenancy from year to year not to be implied
106 Covenants implied in leases
107A Abolition of lessor's right to distrain for rent of a dwellinghouse
107B Lessor may sell lessee's personal property following abandonment
108 Effect of licence to assign
109 No fine for licence to assign
110 Licence or consent not to be unreasonably withheld
111 Merger of reversion not to affect remedies
112 Rent and benefit of lessee's covenants to run with reversion
113 Obligation of lessor's covenants to run with reversion
114 Apportionment of conditions on severance, etc
115 Restriction on effect of waiver
116 Executor not personally liable for covenants
116B Leases to which sections 116C to 116L apply
116C Lessee not to be liable for waste
116D Covenants implied on part of lessees of dwellinghouses
116E Lessor's remedies where dwellinghouse not kept in clean and tidy condition, etc
116F Lessor's remedies where urgent work required
116G Lessor may enter dwellinghouse to view condition or carry out work
116H Warranty of habitability and covenant to repair implied
116I Lessee's remedies where dwellinghouse not in a fit and habitable condition
116J Lessee's remedies where urgent work required
116K Notice terminating lease void in certain cases
116M Notices may be given in prescribed form
118 Restrictions on and relief against forfeiture
119 Protection of underlessees on forfeiture of superior leases
Relief against refusal to grant renewal, etc
120 Relief of lessee against refusal of lessor to grant a renewal or to assure the reversion
121 Limitation of time for application for relief
Part 9
Easements, restrictive stipulations, and matters affecting neighbouring land
122 Easement in gross permitted
123 Access or use of light or air
124 Conditions precedent to grant of right of light or air
126A Notification of covenants
126B Rights implied in easements of vehicular right of way
126C Occupier may give notice of work required
126D Recipient of notice may serve counter-notice
126E Effect of change of occupier
126G Power for Court to modify or extinguish easements and covenants
127 Power for Court to modify or extinguish easements and restrictive stipulations [Repealed]
128 District Court may authorise entry for erecting or repairing buildings, etc
129 Power of Court to grant special relief in cases of encroachment
129A Relief in cases of mistake as to boundaries or identity of land
129B Reasonable access may be granted in cases of landlocked land
Trees and structures on neighbouring land
129C District Court may order removal or trimming of trees, or removal or alteration of structures injuriously affecting neighbour's land
Part 10
Assignments of things in action
130 Assignment of debts and things in action
131 Implied powers in tenants for life
132 Powers of trustees of settlement
Marriage settlements by minors
134 Execution by attorney in his own name
134A Competency of married minors
135 Continuance until notice of death or revocation received
136 Irrevocable power of attorney for value
137 Power of attorney made irrevocable for fixed time
138 Conveyance under power of attorney from person not in New Zealand
139 Application to corporations
Part 13
Partition of land and division of chattels
140 In action for partition Court may direct land to be sold
141 Proceeds of sale, how applied
145 Income apportionable in respect of time
146 Time when apportioned part payable
147 Recovery of apportioned parts
148 Exceptions and application
Part 15
Debts charged on real estate
149 Devisee, etc, of real estate not to claim payment of mortgage out of personal estate
Part 16
Rentcharges and other annual sums
150 Recovery of annual sums charged on land
Discharge of encumbrances on sale
151 Provision by Court for encumbrances on sale
Part 16A
Debentures issued by companies
151C Power to reissue redeemed debentures in certain cases
151D Specific performance of contracts to subscribe for debentures
153 Restriction on validation of instruments
154 Protection of solicitors and trustees acting under this Act
Schedule 1
Provisions which do not apply to land transfer land
Schedule 2
Conveyance in fee simple
Schedule 3
Statutory mortgage under the Property Law Act 1952
Schedule 6
Enactments of the Parliaments of England and Great Britain ceasing to have effect in New Zealand
Schedule 7
New Zealand enactments repealed
Schedule 9
Rights implied in easements of vehicular right of way
An Act to consolidate and amend certain enactments relating to property
