Australian Capital Territory Repealed Acts

This legislation has been repealed.

CONVEYANCING ACT 1919 (REPEALED) - SECT 78A

    (1)     In a conveyance for valuable consideration other than a mortgage the following covenant, by a person who conveys and is expressed to convey as beneficial owner:

That, notwithstanding anything by the person who so conveys, or anyone through whom he or she derives title otherwise than by purchase for value made, done, executed, or omitted, or knowingly suffered the person who so conveys, has with the concurrence of every other person (if any) conveying by his or her direction, full power to convey the subject matter expressed to be conveyed, subject as, if so expressed, and in the way in which, it is expressed to be conveyed;

AND that, notwithstanding anything as, that subject matter shall remain to and be quietly entered on, received, and held, occupied, enjoyed, and taken by the person to whom the conveyance is expressed to be made, and any person deriving title under him or her, and the benefit shall be received and taken accordingly, without any lawful interruption or disturbance by the person who so conveys, or any person conveying by his or her direction, or rightfully claiming or to claim by, through, under, or in trust for the person who so conveys, or any person conveying by his or her direction, or by, through, or under anyone, other than a person claiming in relation to an estate or interest subject to which the conveyance is expressly made, through whom the person who so conveys derives title, otherwise than by purchase for value;

AND that, freed and discharged from, or otherwise by the person who so conveys sufficiently indemnified against, all such estates, incumbrances, claims, and demands other than those subject to which the conveyance is expressly made, as either before or after the date of the conveyance have been or shall be made, occasioned, or suffered by that person or by any person conveying by his or her direction, or by any person rightfully claiming by, through, under, or in trust for the person who so conveys, or by, through, or under any person conveying by his or her direction, or by, through, or under anyone through whom the person who so conveys, derives title, otherwise than by purchase for value;

AND further, that the person who so conveys, and any person conveying by his or her direction, and every other person having or rightfully claiming any estate or interest in the subject matter of conveyance, other than an estate or interest subject to which the conveyance is expressly made, by, through, under, or in trust for the person who so conveys, or by, through, or under any person conveying by his or her direction, or by, through, or under anyone through whom the person who so conveys, derives title, otherwise than by purchase for value, will from time to time and at all times after the date of the conveyance, on the request and at the cost of any person to whom the conveyance is expressed to be made, or of any person deriving title under him or her, execute and do all such lawful assurances and things for further or more perfectly assuring the subject matter of the conveyance to the person to whom the conveyance is made, and to those deriving title under him or her, subject as, if so expressed, and in the way in which, the conveyance is expressed to be made, as by him, her or them, or any of them, is reasonably required.

    (2)     In this section:

"purchase for value" does not include a conveyance in consideration of marriage.