Australian Capital Territory Repealed Acts

This legislation has been repealed.

CONVEYANCING ACT 1919 (REPEALED) - SECT 78

    (1)     If a conveyance mentioned in another section of this division is made, the covenant mentioned in the section is taken to be implied.

    (2)     The covenant is a covenant by the person or each of the people who convey the property.

    (3)     The covenant is a covenant in relation to the property or the share in the property expressed to be conveyed by the person.

    (4)     The covenant is a covenant with—

        (a)     the person to whom the conveyance is made; or

        (b)     if the conveyance is made to 2 or more people jointly—them jointly; or

        (c)     if the conveyance is made to 2 or more people as tenants in common—each of them.

    (5)     However, this division does not imply a covenant in a conveyance by a person in which the person is not expressed in the conveyance to be conveying—

        (a)     as beneficial owner, settlor, trustee or mortgagee; or

        (b)     as the executor or administrator of a dead person; or

        (c)     as a manager under the Guardianship and Management of Property Act 1991 ; or

        (d)     under an order of the Supreme Court; or

        (e)     by direction of a person as beneficial owner.