Queensland Consolidated Acts

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STATE HOUSING (FREEHOLDING OF LAND) ACT 1957 - SECT 10

10 Freeholding covenant

(1) Every lease, deemed pursuant to this division to be a freeholding lease, shall be deemed to contain a covenant that the Governor in Council shall in the name of Her Majesty, grant in fee simple to the lessee the land comprised in the lease--

(a) upon payment of all moneys, including interest thereon, payable in respect of the purchase of the land comprised in the freeholding lease and of the home erected thereon; and
(b) upon the due performance by the lessee of the terms and conditions of the contract of sale of the home erected on the land; and
(c) upon the due performance by the lessee of all other terms and conditions binding upon the lessee of the lease.

(2) Upon a lessee becoming entitled to performance of the covenant referred to in subsection (1), the commission shall surrender to the Crown any estate or interest of the commission in the land concerned.

(3) The Governor in Council shall, in the name of Her Majesty, grant in fee simple any land to a person thereunto entitled under this division.

(4) The Land Act 1962, section 285 subject to all necessary adaptations, shall apply with respect to a deed of grant issued pursuant to this division and for those purposes references to the department and to the registrar of titles in that section shall be read and construed as references to the commission and to the commission or person authorised by it respectively.

(5) Every grant in fee simple by the Governor in Council pursuant to this Act and every deed of grant issued accordingly whether before or after the commencement of the State Housing Act and Another Act Amendment Act 1979 shall be and, it is hereby declared, always was deemed to have been issued under the Land Act the provisions whereof relating to deeds of grant apply thereto.



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