Settled Land Act 1911

Settled Land Act 1911

An Act to amend the Settled Land Act 1884

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

1.   Short title

This Act may be cited as the Settled Land Act 1911 .

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4.   Creation of easements on exchange or partition

On an exchange or partition any easement, right, or privilege of any kind may be reserved or may be granted over or in relation to the settled land or any part thereof, or other land, or an easement, right, or privilege of any kind may be given or taken in exchange or on partition for land or for any other easement, right, or privilege of any kind.

5.   Power of tenant for life to complete predecessor's contract

A tenant for life may make any conveyance which is necessary or proper for giving effect to a contract entered into by a predecessor in title, and which, if made by such predecessor, would have been valid as against his successors in title.

6.   Leases for term not exceeding twenty-one years

[Section 6 Amended by 25 Geo. V No. 78 ]A lease for a term not exceeding twenty-one years at the best rent that can be reasonably obtained without fine, and whereby the lessee is not exempted from punishment for waste, may be made by a tenant for life –

(a) without any notice of an intention to make the same having been given under section forty-two of the Principal Act ;

(b) notwithstanding that there are no trustees of the settlement for the purposes of the Principal Act ; and

(c) by any writing under hand only containing an agreement instead of a covenant by the lessee for payment of rent in cases where the term does not extend beyond three years from the date of the writing.

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8.   Sale by tenants for life on credit terms

On a sale by a tenant for life such sale may be made on credit terms, provided –

(a) the credit terms are first submitted to and approved by the trustees for the purposes of the settled estate;

(b) the contract of sale is made with the tenant for life jointly with the trustees, and the instalments of purchase-money are by the contract of sale made payable to the trustees;

(c) the contract of sale reserves full power for the trustees and the tenant for life jointly, or the trustees severally, on a breach of any of the conditions of sale to determine the contract of sale and enter into possession of the land.

9.   Power to raise money by mortgage

(1)  Where money is required for the purpose of discharging an incumbrance on the settled land or part thereof, or for erecting dwelling-houses and outbuildings, and other buildings for agricultural and horticultural purposes, the tenant for life may raise the money so required, and also the amount properly required for payment of the costs of the transaction, on mortgage of the settled land, or of any part thereof, by conveyance of the fee simple or other estate or interest the subject of the settlement, or by creation of a term of years in the settled land, or any part thereof, or otherwise; and the money so raised shall be capital money for that purpose, and may be paid or applied accordingly.

(2)  Incumbrance in this section does not include any annual sum payable only during a life or lives, or during a term of years absolute or determinable.

10.   Provisions enabling dealing with tenant for life

Where a sale of settled land is to be made to the tenant for life, or a purchase is to be made from him of land to be made subject to the limitations of the settlement, or an exchange is to be made with him of settled land for other land, or a partition is to be made with him of land an undivided share whereof is subject to the limitations of the settlement, the trustees of the settlement shall stand in the place of and represent the tenant for life, and shall, in addition to their powers as trustees, have all the powers of the tenant for life in reference to negotiating and completing the transaction.

11.   Improvements additional to those specified in section twenty-three of Principal Act

[Section 11 Amended by 25 Geo. V No. 78 ]Improvements authorized by the Principal Act shall include the following, namely:

(a) Bridges;

(b) Making any additions to or alterations in buildings reasonably necessary or proper to enable the same to be let;

(c) The rebuilding of the principal mansion-house on the settled land: Provided that the sum to be applied under this paragraph shall not exceed one-half of the annual rental of the settled land.

12.   Capital money in Court may be paid out to trustees

[Section 12 Amended by 25 Geo. V No. 78 ]All or any part of the capital money paid into Court may, if the Court thinks fit, be at any time paid out to the trustees of the settlement for the purposes of the Principal Act .

13.   Court may order payment for improvements executed

[Section 13 Amended by 25 Geo. V No. 78 ]The Court may, in any case where it appears proper, make an order directing or authorizing capital money to be applied in or towards payment of any improvement authorized by the Principal Act or this Act, notwithstanding that a scheme was not, before the execution of the improvement, submitted for approval as required by the Principal Act to the trustees of the settlement or to the Court.

14.   Trustees for the purposes of the Act

[Section 14 Amended by 25 Geo. V No. 78 ]Where there are for the time being no trustees of the settlement within the meaning and for the purposes of the Principal Act , then the following persons shall, for such purposes be trustees of the settlement, namely:

(a) The persons, if any, who are for the time being under the settlement trustees with power of or upon trust for sale of any other land comprised in the settlement and subject to the same limitations as the land to be sold, or with power of consent to, or approval of, the exercise of such a power of sale, or, if there be no such persons, then –

(b) The persons, if any, who are for the time being under the settlement trustees with future power of sale, or under a future trust for sale of the land to be sold, or with power of consent to, or approval of, the exercise of such a future power of sale, and whether the power or trust takes effect in all events or not.

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