Land And Conveyancing Law Reform Act 2009


[VPA 1874, s. 2][CA 1881, ss. 3 and 13][CA 1882, s. 4]

57.— (1) Subject to subsections (2) and (5), under a contract to grant or assign a tenancy or subtenancy of land, the intended grantee or assignee is not entitled to call for the title to—

[VPA 1874, s. 2]

[CA 1881, ss. 3 and 13]

(a) the fee simple, or

[CA 1882, s. 4]

(b) any tenancy superior to that out of which the subtenancy is, or is to be, immediately derived.

(2) Subject to subsection (5), under a contract made after the commencement of this Chapter to grant a tenancy or subtenancy for a term exceeding 5 years the intended grantee may call for—

(a) in the case of a tenancy to be derived immediately out of the fee simple, a copy of the conveyance of that estate to the grantor, or

(b) in the case of a subtenancy, a copy of the superior lease out of which it is to be immediately derived and, if any, of the immediate assignment of the superior lease to the grantor,

and, where the tenancy or subtenancy is granted for the full market rent, taking into account any premium also paid by, but disregarding any concessions or inducements made to, the intended grantee, that grantee may also call for 15 years’ title as a purchaser under section 56 (1).

(3) For the purpose of the deduction of title to an intended assignee, no preliminary contract for or relating to the tenancy forms part of the title, or evidence of the title, to the tenancy.

(4) Where by reason of subsection (1) an intended grantee or assignee is not entitled to call for the title to the fee simple or a superior tenancy, that person, where the contract is made after the commencement of this Chapter, is not affected with notice of any matter or thing of which, if the contract had specified that such title should be furnished, that person might have had notice.

(5) Subsections (1) and (2) take effect subject to the terms of the contract for the grant or assignment of the tenancy or subtenancy.