Property Law Act 1952

  • repealed
  • Property Law Act 1952: repealed, on 1 January 2008, by section 366(c) of the Property Law Act 2007 (2007 No 91).

Reprint as at 20 June 2011

Property Law Act 1952

Public Act1952 No 51
Date of assent24 October 1952
  • Property Law Act 1952: repealed, on 1 January 2008, by section 366(c) of the Property Law Act 2007 (2007 No 91).


Note

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


Contents

Title

1 Short Title and commencement

2 Interpretation

3 Application to Land Transfer land

Part 1
Deeds and other instruments

4 Formalities of deed

5 Deed by corporation

6 Receipt for consideration money

7 Person not named may take benefit [Repealed]

8 Construction of supplemental or annexed deed

9 Exercise of powers

10 Partitions, exchanges, etc

11 Appointments

12 Disclaimers

13 Construction of word month

Part 2
General rules affecting property

14 Uses not necessary

15 Certain forms of assurance abolished

16 Estates tail abolished

17 Estates by wrong 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

21 Rights of entry, etc

22 Certain expressions to be words of purchase; rule in Shelley's case abolished

23 Restriction on executory limitations

26 Possibility upon a possibility

28 Vendor's lien taken away

29 Equitable waste

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

34 Disclaimer of powers

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

44 Form of conveyance

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

51 Auction sales

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

59 Orders of Court conclusive

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

Part 5
Covenants and powers

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

70 Construction of covenants

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

Part 7
Mortgages

General provisions

76 Form of mortgage

77 No equitable mortgage by deposit of deeds

78 Covenants, etc, implied in all mortgages

79 Endorsements on mortgages

80 Effect of advance on joint account, etc

80A Security for further advances

80B Right of mortgagor to bring proceedings against mortgagee

Redemption

81 Equity of redemption

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

89 Foreclosure prohibited

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

Exercise of power of sale

103A Duty of mortgagee exercising power of sale

103B No defence or indemnity

Liability to mortgagee of purchaser of land subject to mortgage

104 Purchaser personally liable to mortgagee

Regulations

104AA Regulations

Part 7A
Special provisions applying to mortgagees in possession of or receiving income from mortgaged property

104BB Application

104CC Interpretation

104DD Notice of entry into possession of, or receipt of income from, mortgaged property

104EE Public notice

104FF Mortgagor to make information available to mortgagee

104GG Accounting records

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

104PPA Preferential claims

104QQ Defences available to directors in proceedings for offences under this Part

Part 8
Leases and tenancies

General provisions

104A Interpretation

104B Crown to be bound

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

107 Powers in lessor

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

Leases of dwellinghouses

116A Interpretation

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

Relief against forfeiture

117 Interpretation

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

Easements in gross

122 Easement in gross permitted

Light and air

123 Access or use of light or air

124 Conditions precedent to grant of right of light or air

125 Effect of grants

Easements and covenants

126 Interpretation

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

126F Jurisdiction of Court

126G Power for Court to modify or extinguish easements and covenants

127 Power for Court to modify or extinguish easements and restrictive stipulations [Repealed]

Encroachments

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

Landlocked 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

Part 11
Marriage settlements

131 Implied powers in tenants for life

132 Powers of trustees of settlement

Marriage settlements by minors

Part 12
Powers of attorney

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

142 Costs in partition suits

143 Division of chattels

Part 14
Apportionment

144 Interpretation

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

151A Interpretation

151B Perpetual debentures

151C Power to reissue redeemed debentures in certain cases

151D Specific performance of contracts to subscribe for debentures

Part 17
Service of notices

152 Service of notices

Part 18
Miscellaneous

153 Restriction on validation of instruments

154 Protection of solicitors and trustees acting under this Act

155 Repeals and savings

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 4

Schedule 5

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 8

Schedule 9
Rights implied in easements of vehicular right of way

Reprint notes


An Act to consolidate and amend certain enactments relating to property