Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 45(1)]
[Heading inserted by No. 19 of 2010
s. 26(4).]
Part I — Conveyance for valuable consideration
[Heading inserted by No. 19 of 2010
s. 26(4).]
Covenant implied in a Conveyance for Valuable Consideration other than a
Mortgage, by a Person who conveys and is expressed to Convey as Beneficial
Owner.
That, notwithstanding anything by the person who so conveys or any one through
whom he 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
direction, full power to convey the subject-matter expressed to be conveyed,
subject as, if so expressed, and in the manner in which, it is expressed to be
conveyed, and that, notwithstanding anything as aforesaid, that subject-matter
shall remain to and be quietly entered upon, 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, and the benefit thereof shall
be received and taken accordingly, without any lawful interruption or
disturbance by the person who so conveys or any person conveying by his
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 direction, or
by, through, or under any one (not being a person claiming in respect of an
estate or interest subject whereto 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, encumbrances, 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
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 direction, or by, through, or under any one 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
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 whereto 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 direction, or by, through or under any one 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, 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, subject as, if so expressed, and in the
manner in which the conveyance is expressed to be made, as by him or them or
any of them shall be reasonably required.
In the above covenant a purchase for value shall not be deemed to include a
conveyance in consideration of marriage.
Part II — Conveyance of leasehold
[Heading inserted by No. 19 of 2010
s. 26(5).]
Further Covenant implied in a Conveyance of Leasehold Property for Valuable
Consideration, other than a Mortgage, by a Person who Conveys and is expressed
to Convey as Beneficial Owner.
That, notwithstanding anything by the person who so conveys, or any one
through whom he derives title, otherwise than by purchase for value, made,
done, executed or omitted, or knowingly suffered, the lease or grant creating
the term or estate for which the land is conveyed is, at the time of
conveyance, a good, valid, and effectual lease or grant of the property
conveyed, and is in full force, unforfeited, unsurrendered, and has in nowise
become void or voidable, and that, notwithstanding anything as aforesaid, all
the rents reserved by, and all the covenants, conditions and agreements
contained in, the lease or grant, and on the part of the lessee or grantee and
the persons deriving title under him to be paid, observed and performed, have
been paid, observed and performed up to the time of conveyance.
In the above covenant a purchase for value shall not be deemed to include a
conveyance in consideration of marriage.
Part III — Conveyance by way of mortgage
[Heading inserted by No. 19 of 2010
s. 26(6).]
Covenant implied in a Conveyance by way of Mortgage by a person who Conveys
and is expressed to Convey as Beneficial Owner.
That the person who so conveys, has, with the concurrence of every other
person, if any, conveying by his direction, full power to convey the
subject-matter expressed to be conveyed by him, subject as, if so expressed,
and in the manner in which it is expressed to be conveyed:
And also that, if default, is made in payment of the money intended to be
secured by the conveyance, or any interest thereon, or any part of that money
or interest, contrary to any provision in the conveyance, it shall be lawful
for the person to whom the conveyance is expressed to be made, and the persons
deriving title under him, to enter into and upon, or receive, and thence forth
quietly hold, occupy and enjoy or take and have, the subject-matter expressed
to be conveyed, or any part thereof, without any lawful interruption or
disturbance by the person who so conveys, or any person conveying by his
direction, or any other person (not being a person claiming in respect of an
estate or interest subject whereto the conveyance is expressly made);
And that, freed and discharged from, or otherwise by the person who so conveys
sufficiently indemnified against, all estates, encumbrances, claims and
demands whatever other than those subject whereto the conveyance is expressly
made:
And further, that the person who so conveys and every person conveying by his
direction, and every person deriving title under any of them, and every other
person having or rightfully claiming any estate or interest in the
subject-matter of conveyance, or any part thereof, other than an estate or
interest subject whereto the conveyance is expressly made, will from time to
time and at all times, on the request of any person to whom the conveyance is
expressed to be made, or of any person deriving title under him, but, as long
as any right of redemption exists under the conveyance, at the cost of the
person so conveying, or of those deriving title under him, and afterwards at
the cost of the person making the request, execute and do all such lawful
assurances and things for further or more perfectly assuring the
subject-matter of conveyance and every part thereof to the person to whom the
conveyance is made, and to those deriving title under him, subject as, if so
expressed, and in the manner in which the conveyance is expressed to be made,
as by him or them or any of them shall be reasonably required.
Part IV — Conveyance by way of mortgage of leasehold
[Heading inserted by No. 19 of 2010
s. 26(7).]
Covenant implied in a Conveyance by way of Mortgage of Leasehold Property by a
Person who Conveys and is expressed to Convey as Beneficial Owner.
That the lease or grant creating the term or estate for which the land is held
is, at the time of conveyance, a good, valid and effectual lease or grant of
the land conveyed and is in full force, unforfeited and unsurrendered and has
in nowise become void or voidable, and that all the rents reserved by, and all
the covenants, conditions and agreements contained in, the lease or grant, and
on the part of the lessee or grantee and the persons deriving title under him
to be paid, observed and performed, have been paid, observed and performed up
to the time of conveyance:
And also that the person so conveying, or the persons deriving title under
him, will at all times, as long as any money remains owing on the security of
the conveyance, pay, observe and perform, or cause to be paid, observed and
performed all the rents reserved by, and all the covenants, conditions and
agreements contained in, the lease or grant, and on the part of the lessee or
grantee and the persons deriving title under him to be paid, observed and
performed, and will keep the person to whom the conveyance is made, and those
deriving title under him, indemnified against all actions, proceedings, costs,
charges, damages, claims and demands (if any) to be incurred or sustained by
him or them by reason of the non-payment of such rent or the non-observance or
non-performance of such covenants, conditions and agreements, or any of them.
Part V — Conveyance by way of settlement
[Heading inserted by No. 19 of 2010
s. 26(8).]
Covenant implied in a Conveyance by way of Settlement, by a Person who conveys
and is expressed to Convey as Settlor.
That the person so conveying, and every person deriving title under him by
deed or act or operation of law in his lifetime subsequent to that conveyance,
or by testamentary disposition or devolution in law, on his death, will, from
time to time, and at all times, after the date of that conveyance, at the
request and cost of any person deriving title thereunder, execute and do all
such lawful assurances and things for further or more perfectly assuring the
subject-matter of the conveyance to the persons to whom the conveyance is made
and those deriving title under them, as by them or any of them shall be
reasonably required, subject as if so expressed, and in the manner in which
the conveyance is expressed to be made.
Part VI — Conveyance by person other than
beneficial owner
[Heading inserted by No. 19 of 2010
s. 26(9).]
Covenant implied in any Conveyance, by every Person who Conveys and is
expressed to Convey as Trustee or Mortgagee, or as Personal Representative of
a Deceased Person, or as Administrator of the Estate of a represented person
or under an Order of the Court.
That the person so conveying has not executed or done, or knowingly suffered,
or been party or privy to any deed or thing, whereby or by means whereof the
subject-matter of the conveyance or any part thereof, is or may be impeached,
charged, affected or encumbered in title, estate, or otherwise, or whereby or
by means whereof the person who so conveys is in anywise hindered from
conveying the subject-matter of the conveyance, or any part thereof, in the
manner in which it is expressed to be conveyed.
The foregoing covenant may be implied in an assent in like manner as in a
conveyance by deed.
[Third Schedule amended by No. 24 of 1990
s. 123.]
[Heading amended by No. 19 of 2010
s. 26(10).]
