Western Australian Numbered Acts

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DUTIES ACT 2008 (NO. 11 OF 2008) - SECT 149

149 .         Entitlement to land: effect of uncompleted agreements; fixtures

        (1)         In determining the entitlement of a landholder or other entity to land for the purposes of this Chapter —

            (a)         if the landholder or other entity has entered into an agreement to acquire an interest in land, the agreement is to be regarded as having been completed even if it has not yet been completed; and

            (b)         if the landholder or other entity has entered into an agreement to dispose of an interest in land but the agreement has not yet been completed, the agreement is to be disregarded.

        (2)         If a landholder or other entity has an entitlement to land, anything that is part of the land as a fixture is to be taken into account in determining the extent of the entitlement of the landholder or other entity to the land for the purposes of this Chapter even if the fixture is, or purports to be, the subject of an entitlement separate from the ownership of the rest of the land.

        (3)         If —

            (a)         a landholder or other entity has an entitlement to something that is part of land as a fixture; and

            (b)         that entitlement is, or purports to be, separate from the ownership of the rest of the land,

                the landholder or other entity is to be regarded as having an entitlement to land for the purposes of this Chapter to the extent of its entitlement to the fixture.



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