VENDOR AND PURCHASER ACT

AND

CONVEYANCING AND LAW OF PROPERTY ACT.

PART I.

CHAPTER I.

GENERAL EFFECT OF THE VENDOR AND PURCHASER
ACT, 1874, AND CONVEYANCING AND LAW OF PRO-
PERTY ACT, 1881 (a).

P. A. and C. A. on form and contents of documents.

For convenience of draughtsmen the following short Effect of V. & statement is given of the manner in which the V. & P. A. and the C. A. affect the form and contents of various documents. (1.) Contracts for sale need not contain conditions as Contracts.

regards title and evidence of title except in
special cases, as where the title is less than forty
years, or where deeds abstracted cannot be pro-
duced, &c.: C. A. s. 3. An open contract may
be safely made in case of an ordinarily good
forty years title, but it is advisable to state the
date of commencement, see p. 15 (b).

(2.) Abstracts of title commence--

(a) As to freeholds with a document at least forty
years old: V. & P. A., s. 1.

(b) As to leaseholds with the lease or underlease:
V. & P. A., s. 2, and C. A., s. 3 (1).

(a) In the following pages the letters C. A. refer to the Conveyancing and Law of Property Act, 1881; the letters V. & P. A. refer to the Vendor and Purchaser Act, 1874.

Abstracts.

B

Evidence of

seisin of testator may still be necessary.

Recitals.

Expenses.

What clauses to be omitted in documents.

(c) As to the freehold interest in enfranchised lands with the deed of enfranchisement: C. A., s. 3 (2).

(d) A lease or underlease is to be deemed primá facie good, the last receipt for rent being evidence of performance of covenants, and, in case of an underlease, of performance also of covenants in the superior lease up to the date of actual completion of the purchase: C. A., s. 3 (4), (5).

But where the abstract commences with a will no alteration in the practice is made, consequently evidence of seisin may or may not be required, according to circumstances, and a clause preventing any requisition on this point may still be necessary.

(3.) Recitals

(a) Of facts in documents, as to land or hereditaments, twenty years old are evidence: V. & P. A., s. 2.

(b) of documents, as to any property, dated prior to the legal or stipulated time for commencement of the abstract are to be taken as correct, and production is not to be required: C. A., s. 3 (3).

(4.) Expenses

Of evidence required in support of abstract and not in vendor's possession are thrown on the purchaser: C. A., s. 3 (6).

(5.) In future there need be

(a) No general words: C. A., s. 6.

(b) No all estate clause: C. A., s. 63.

(c) No special directions as to mode of sale in a

trust or power for sale, but only the words,

66

Upon trust to sell" or "With power of sale,"

as the case may be: C. A., s. 35.

(d) No receipt clause: C. A., ss. 22, 36.

(e) No mortgage joint account clause: C. A., s. 61. (f) No power to survivors or survivor of several

executors or trustees to do any act. (The

power should simply be given to them, their
executors, administrators, and assigns): C. A.,
s. 38.

(g) No mention either of heirs, executors, admini-
strators, or assigns, whether of covenantor or
covenantee, obligor or obligee, nor of the
survivors or survivor of several covenantees or
obligees, nor of the heirs, executors, or ad-
ministrators of the survivor, nor of their or his
assigns, need be made in covenants or bonds:
C. A., ss. 58, 59, 60; but where a covenant is
intended to be made binding on the land
the assigns of the covenantor should be men-
tioned.

(h) No particular technical operative word is re- What words or
quired to pass a freehold: C. A., s. 49.

(i) No necessity for the word "heirs," "heirs of the
body," &c., to create an estate of inheritance.
(But on this point there is still a distinction
between a deed and a will. In a deed the
estate to be limited must still be described
accurately as "fee simple," "in tail," &c., and
cannot be created, as in a will, by informal ex-
pressions): C. A., s. 51.

(k) No multiplication of receipt clauses for con-
sideration. One receipt in the body of the deed
or indorsed is sufficient: C. A., s. 54.

(1) No power to executors or trustees to compound
or compromise (contrà as to administrators):
C. A., s. 37.

(m) No remedy given for the recovery of rent-
charges: C. A., s. 44.

(n) No powers for the receipt or application of
income during minority, nor for the accumula-

tion of surplus income: C. A., ss. 42, 43 (a).

clauses unnecessary.

(6.) Covenants for title are not required, but by stating Covenants for

(a) But where any trust of the accumulated rents and profits other than those stated in s. 42 (5) iii. is required, it must be mentioned.

title.

Covenant to produce deeds.

Powers con

ferred on mortgagors and mortgagees.

Devise of trust and mortgage estates.

Appointment of new trustees.

the character in which a person conveys the proper
covenant by him is incorporated: C. A., s. 7.
(7.) A covenant for production of deeds is no longer
required. A mere acknowledgment as defined by
the Act gives the proper title to production and
delivery of copies, and a mere undertaking gives
the proper remedy in case of destruction or
damage: C. A., s. 9.

(8.) In a mortgage by deed there are supplied
(a) Power for mortgagor and mortgagee when in
possession to grant leases: C. A., s. 18. In
some cases it may be necessary to vary this
power; but it is conceived that the power
ought not in any case to be entirely negatived.
(b) Power for mortgagee to sell and to insure
against fire, and when in possession to cut and
sell timber: C. A., ss. 19, 23.

(c) Power for mortgagee to appoint a receiver: C. A.,
ss. 19, 24.

(d) Power for mortgagee to give a receipt for sale money and other money comprised in the mortgage and trusts for application thereof: C. A., 8. 22.

(9.) In a will a devise of trust and mortgage estates is
not required and should not be inserted. It is
practically inoperative if inserted: C. A., s. 30.
(10.) As to appointments of new trustees,

(a) A power to appoint is only required where it is
to be exercised otherwise than by the trustees
or trustee for the time being: C. A., s. 31 (1).
(b) The original number of trustees need not be
preserved, except that where there were origi-
nally two or more, one cannot be discharged
unless two places at least be full: ib. (3).
(c) An appointment of new trustees should contain
the proper declaration as to vesting: C. A.,
s. 34 (see Precedents, post); and where there
are more than two trustees, and one simply
retires and his place is not filled up, there

must be a deed of consent to his discharge and
to the vesting of the trust property in his
co-trustees C. A., s. 32 (see Precedents, post).

deeds.

(11.) Deeds may be supplemental or annexed instead Supplemental of indorsed, and will be read as indorsed on the principal deed: C. A., s. 53.