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CONVEYANCING ACT 1882

CONVEYANCING ACT 1882 - LONG TITLE

An Act for further improving the Practice of Conveyancing; and for
other purposes.
[10th August 1882]
Preliminary

CONVEYANCING ACT 1882 - SECT 1

1.(1) This Act may be cited as the Conveyancing Act, 1882; and the
Conveyancing and Law of Property Act, 1881 (in this Act referred to
as the Conveyancing Act of 1881), and this Act may be cited
together as the Conveyancing Acts, 1881, 1882.

(2) This Act, except where it is otherwise expressed, shall commence
and take effect from and immediately after the thirty-first day of
December one thousand eight hundred and eighty-two, which time is in
this Act referred to as the commencement of this Act.

(4) In this Act...

(i)Property includes real and personal property, and any debt, and
any thing in action, and any other right or interest in the nature
of property, whether in possession or not;

(ii)Purchaser includes a lessee or mortgagee, or an intending
purchaser, lessee, or mortgagee, or other person, who, for valuable
consideration, takes or deals for property, and purchase has a
meaning corresponding with that of purchaser.

Para. (iii) rep. by SLR (NI) 1954

Restriction on constructive notice.

CONVEYANCING ACT 1882 - SECT 3

3.(1) A purchaser shall not be prejudically affected by notice of
any instrument, fact, or thing unless

(i)It is within his own knowledge, or would have come to his
knowledge if such inquiries and inspections had been made as ought
reasonably to have been made by him; or

(ii)In the same transaction with respect to which a question of
notice to the purchaser arises, it has come to the knowledge of
his counsel, as such, or of his solicitor, or other agent, as
such, or would have come to the knowledge of his solicitor, or
other agent, as such, if such inquiries and inspections had been
made as ought reasonably to have been made by the solicitor or
other agent.

(2) This section shall not exempt a purchaser from any liability
under, or any obligation to perform or observe, any covenant,
condition, provision, or restriction contained in any instrument under
which his title is derived, mediately or immediately; and such
liability or obligation may be enforced in the same manner and to
the same extent as if this section had not been enacted.

(3) A purchaser shall not by reason of anything in this section be
affected by notice in any case where he would not have been so
affected if this section had not been enacted.

(4) This section applies to purchases made either before or after
commencement of this Act....

Contract for lease not part of title to lease.

CONVEYANCING ACT 1882 - SECT 4

4.(1) Where a lease is made under a power contained in a
settlement, will, Act of Parliament, or other instrument, any
preliminary contract for or relating to the lease shall not, for
the purpose of the deduction of title to an intended assign, form
part of the title, or evidence of the title, to the lease.

(2) This section applies to leases made either before or after the
commencement of this Act.

S.5 rep. by 1893 c.53 s.51 sch.

Disclaimer of power by trustees.

CONVEYANCING ACT 1882 - SECT 6

6.(1) A person to whom any power, whether coupled with an interest
or not, is given, may, by deed, disclaim the power; and, after
disclaimer, shall not be capable of exercising or joining in the
exercise of the power.

(2) On such disclaimer, the power may be exercised by the other or
others, or the survivors or survivor of the others, of the persons
to whom the power is given, unless the contrary is expressed in
the instrument creating the power.

(3) This section applies to powers created by instruments coming
into operation either before or after the commencement of this Act.

S.7 rep. by SLR 1898; 1962 c.30 s.28 sch.3; SLR 1976. Ss.8, 9
rep. by 1971 c.33 (NI) s.11(2) sch.2

Restriction on executory limitations.

CONVEYANCING ACT 1882 - SECT 10

10.(1) Where there is a person entitled to land for an estate in
fee, or for a term of years absolute or determinable on life, or
for term of life, with an executory limitation over on default or
failure of all or any of his issue, whether within or at any
specified period or time or not, that executory limitation shall be
or become void and incapable of taking effect, if and as soon as
there is living any issue who has attained the age of [eighteen]
years, of the class on default or failure whereof the limitation
over was to take effect.

(2) This section applies only where the executory limitation is
contained in an instrument coming into operation after the
commencement of this Act.

Amendment of enactment respecting long terms.

CONVEYANCING ACT 1882 - SECT 11

11. Section sixty-five of the Conveyancing Act of 1881 shall apply
to and include, and shall be deemed to have always applied to and
included, every such term as in that section mentioned, whether
having as the immediate reversion thereon the freehold or not; but
not

(i)any term liable to be determined by re-entry for condition
broken; or

(ii)Any term created by sub-demise out of a superior term, itself
incapable of being enlarged into a fee simple.

Re-conveyance on mortgage.

CONVEYANCING ACT 1882 - SECT 12

12. The right of the mortgagor, under section fifteen of the
Conveyancing Act of 1881, to require a mortgagee, instead of
re-conveying, to assign the mortgage debt and convey the mortgaged
property to a third person, shall belong to and be capable of
being enforced by each incumbrancer, or by the mortgagor,
notwithstanding any intermediate incumbrance; but a requisition of an
incumbrancer shall prevail over a requisition of the mortgagor, and,
as between incumbrancers, a requisition of a prior incumbrancer shall
prevail over a requisition of a subsequent incumbrancer.

S.13 and Schedule rep. by SLR 1898