Property Law Act 1969

In this Act unless the contrary intention appears —

bankruptcy includes insolvency and liquidation by arrangement, and also any other act or proceeding in law having under any law for the time being in force, effects or results similar to those of bankruptcy;

conveyance includes a mortgage, charge, lease, assignment, appointment, transfer, assent, vesting declaration, disclaimer, release, surrender, extinguishment and every other assurance of property or of an interest therein by any instrument, except a will; and convey has a corresponding meaning;

Court means the Supreme Court or a Judge;

deed in relation to land under the Transfer of Land Act 1893, includes an instrument having the effect of a deed under that Act;

disposition includes a conveyance and also a devise, bequest or an appointment of property contained in a will; and dispose of has a corresponding meaning;

encumbrance includes a legal or equitable mortgage, a trust for securing money, a lien and a charge of a portion, annuity, or other capital or annual sum; and encumbrancee has a corresponding meaning, and includes every person entitled to the benefit of an encumbrance or entitled to require payment or discharge of the encumbrance;

fine includes a premium or foregift and any payment, consideration or benefit in the nature of a fine, premium or foregift;

income in relation to land includes rents and profits;

instrument includes deed and will but does not include a statute, unless the statute creates a settlement;

land includes land of any tenure and mines and minerals whether or not they are held apart from the surface of the land, a building or part of a building, whether the division of the building is horizontal, vertical or made in any other way, and other corporeal hereditaments, and also includes a rent and other incorporeal hereditaments and an easement, right, privilege or benefit in, over or derived from the land and an undivided share in land;

land under the Transfer of Land Act 1893 means any estate or interest registered, or incorporated in the Register, under that Act;

lease includes an under‑lease or other tenancy;

lessee includes an under‑lessee and a person deriving title under a lessee or under‑lessee;

lessor includes an under‑lessor and a person deriving title under a lessor or under‑lessor;

mines and minerals include any strata or seam of minerals or substances in or under any land and the right to work and get the minerals and substances;

mortgage includes a charge or lien on any property for securing money or money’s worth;

mortgage, “mortgagee” and “mortgagor” in relation to land under the Transfer of Land Act 1893, have the same respective meanings as they have in that Act;

mortgage money means the principal interest or other money or money’s worth secured by a mortgage;

mortgagee includes any person from time to time deriving title under the original mortgagee and mortgagee in possession means a mortgagee who in right of the mortgage has entered into and is in possession of the mortgaged property;

mortgagor includes any person from time to time deriving title under the original mortgagor or entitled to redeem a mortgage, according to his estate, interest, or right in the mortgaged property;

notice includes constructive notice;

periodic tenancy means a tenancy of no fixed duration and in respect of which the rent is payable weekly, monthly, yearly or for any other recurring period;

personal representative means the executor, original or by representation or the administrator for the time being of a deceased person;

possession in relation to land includes the receipt of income therefrom or the right to receive the income;

property includes real and personal property and any estate or interest therein and any thing or chose in action;

purchaser means a purchaser in good faith for valuable consideration and includes a lessee, mortgagee or other person who for valuable consideration acquires an interest in property; and where the context so requires “purchaser” includes an intending purchaser and purchase has a corresponding meaning;

registered or duly registered means registered in the manner provided by the Transfer of Land Act 1893 where the land affected is under that Act, and otherwise means registered in the manner provided by, or incorporated in the Register under, the Registration of Deeds Act 1856 (19 Vic. No. 14);

rent includes a rent service or a rent charge, or other rent, toll, duty, royalty or annual or periodical payment or money or money’s worth reserved or issuing out of or charged upon land but does not include fee‑farm rent;

represented person means a person in respect of whom an administration order is in force under Part 6 of the Guardianship and Administration Act 1990;

right of redemption in relation to a mortgage includes an option to repurchase only if the option in effect creates a right of redemption;

sale means a sale properly so called;

securities include stocks, funds and shares;

valuable consideration includes marriage but does not include a nominal consideration in money;

will includes codicil and every other testamentary disposition.

[Section 7 amended: No. 24 of 1990 s. 123; No. 32 of 2018 s. 229.]