Law of Property (Amendment) Act 1924

Conditions of sale.

7 (1) The following proviso shall be inserted at the end of subsection (3) of section three of the Conveyancing Act, 1881:—

“Provided that this subsection shall not deprive a purchaser of the right to require the production, or any abstract or copy of—

(i) any power of attorney under which any abstracted document is executed; or

(ii) any document creating or disposing of an interest, power or obligation which is not shown to have ceased or expired, and subject to which any part of the property is disposed of by an abstracted document; or

(iii) any document creating any limitation or trust by reference to which any part of the property is disposed of by an abstracted document.”

(2) References in subsection (6) of the said section three to documents and evidence in the possession of a vendor shall apply where the same are in the possession of his mortgagee or trustee.

(3) The following rule shall be substituted for the fifth rule in section two of the Vendor and Purchaser Act, 1874 :—

“A vendor shall be entitled to retain documents of title where—

(a) he retains any part of the land to which the documents relate, or

(b) the document consists of a trust instrument or other instrument creating a trust which is still subsisting, or an instrument relating to the appointment or discharge of a trustee of a subsisting trust.”

(4) The words “where the court refuses to grant specific performance of a contract, or in any action for the return of a deposit, the court may, if it thinks fit, order the repayment of any deposit ” shall be inserted at the end of section nine of the Vendor and Purchaser Act, 1874.