CHAPTER
169
REAL PROPERTY |
ARRANGEMENT OF
SECTIONS |
SECTION |
|
The immediate Freehold of corporeal Tenements to
lie in Grant as well as Livery. |
Feoffments, Partitions, Exchanges, Leases,
Assignments, and Surrenders required (subject to certain Exceptions) to be by
Deed. |
Feoffments not to operate by Wrong, nor Exchanges
or Partitions to imply any Condition or give and grant any Covenant. |
Strangers may take immediately under an
Indenture, and a Deed purporting to be an Indenture shall take effect as such. |
Contingent and other like Interests, also Rights
of Entry, made alienable by Deed, saving Estates in Tail; and as regards
married Women, enjoining conformity to 3 & 4 Will. 4, c. 74. |
Capacity of married Women to disclaim Estates or
Interests by Deed. |
Contingent Remainders protected as from 31 Dec.,
1844, against the premature Failure of a preceding Estate. |
When the Reversion of a Lease is gone the next
Estate to be deemed the Reversion. |
CHAPTER 169 |
REAL PROPERTY |
An Act to
amend the law of real property. | 8 & 9 Vict., c. 106
extended by 9 of 1846 |
[Commencement 4th
August, 1845] |
1. [This Act may be cited as the Real Property Act.] | Short title. |
2. That after the said First Day of October One
thousand eight hundred and forty-five all corporeal Tenements and Hereditaments
shall, as regards the Conveyance of the immediate Freehold thereof, be deemed
to lie in Grant as well as in Livery. ...... | The immediate Freehold of corporeal Tenements to lie
in Grant as well as Livery. |
3. That a Feoffment made after the said First Day of October
One thousand eight hundred and forty-five, other than a Feoffment made under a
Custom by an Infant, shall be void at Law, unless evidenced by Deed; and that a
Partition and an Exchange of any Tenements or Hereditaments, and a Lease,
required by Law to be in Writing, of any Tenements or Hereditaments, and an
Assignment of a Chattel Interest, in any Tenements or Hereditaments, and a
Surrender in Writing of an Interest in any Tenements or Hereditaments, and not
being an Interest which might by Law have been created without Writing, made
after the said First Day of October One thousand eight hundred and
forty-five, shall also be void at Law, unless made by Deed. ...... | Feoffments, Partitions, Exchanges, Leases,
Assignments, and Surrenders required (subject to certain Exceptions) to be by
Deed. |
4. That a Feoffment made after the said First day of
October One thousand eight hundred and forty-five shall not have any tortious
Operation; and that an Exchange or a Partition of any Tenements or
Hereditaments, made by Deed executed after the said First Day of October
One thousand eight hundred and forty-five, shall not imply any Condition in
Law; and that the Word "give" or the Word "grant" in a Deed
executed after the same Day shall not imply any Covenant in Law in respect of
any Tenements or Hereditaments, except so far as the Word "give" or
the Word "grant" may by force of any Act of Parliament imply a Covenant. | Feoffments not to operate by Wrong, nor Exchanges or
Partitions to imply any Condition or give and grant any Covenant. |
5. That under an Indenture executed after the First Day
of October One thousand eight hundred and forty-five an immediate Estate
or Interest in any Tenements or Hereditaments, and the Benefit of a Condition
or Covenant respecting any Tenements or Hereditaments, may be taken, although
the Taker thereof be not named a Party to the same Indenture, also, that a Deed
executed after the said First Day of October One thousand eight hundred
and forty-five, purporting to be an Indenture, shall have the Effect of an
Indenture, although not actually indented. | Strangers may take immediately under an Indenture, and
a Deed purporting to be an Indenture shall take effect as such. |
6. That after the First Day of October One
thousand eight hundred and forty-five a contingent, an executory, and a future
Interest, and a Possibility coupled with an Interest, in any Tenements or
Hereditaments of any Tenure, whether the Object of the Gift or Limitation of
such Interest or Possibility be or be not ascertained, also a Right of Entry,
whether immediate or future, and whether vested or contingent, into or upon any
Tenements or Hereditaments, of any Tenure, may be disposed of by Deed; but that
no such Disposition shall by force only of this Act defeat or enlarge an Estate
Tail; and that every such Disposition by a married Woman shall be made
conformably to the Provisions relative to Dispositions by married Women of an
Act passed in the Third and Fourth Years of the Reign of His late Majesty King
William the Fourth, intituled An Act for the Abolition of Fines and
Recoveries, and for the Substitution of more simple Modes of Assurance.
...... | Contingent and other like Interests, also Rights of
Entry, made alienable by Deed, saving Estates in Tail; and as regards married
Women, enjoining conformity to 3 & 4 Will. 4, c. 74. |
7. That after the First Day of October One
thousand eight hundred and forty-five an Estate or Interest in any Tenements or
Hereditaments, of any Tenure, may be disclaimed by a married Woman by Deed; and
that every such Disclaimer shall be made conformably to the said Provisions of
the said Act for the Abolition of Fines and Recoveries, and for the
Substitution of more simple Modes of Assurance. | Capacity of married Women to disclaim Estates or
Interests by Deed. |
8. That a contingent Remainder existing at any Time
after the Thirty-first Day of December One thousand eight hundred and
forty-four shall be, and, if created before the passing of this Act, shall be
deemed to have been, capable of taking effect, notwithstanding the
Determination, by Forfeiture, Surrender, or Merger, of any preceding Estate of
Freehold, in the same Manner in all respects as if such Determination had not
happened. | Contingent Remainders protected as from 31 Dec., 1844,
against the premature Failure of a preceding Estate. |
9. That when the Reversion expectant on a Lease, made
either before or after the passing of this Act, of any Tenements or
Hereditaments of any Tenure, shall, after the said First Day of October
One thousand eight hundred and forty-five, be surrendered or merge, the Estate
which shall for the Time being confer as against the Tenant under the same
Lease the next vested Right to the same Tenements or Hereditaments shall, to
the Extent and for the Purpose of preserving such Incidents to and Obligations
on the same Reversion as but for the Surrender or Merger thereof would have
subsisted, be deemed the Reversion expectant on the same Lease. | When the Reversion on a Lease is gone the next Estate
to be deemed the Reversion. |