Division 3 Assurances of land

23B   Assurances of land to be by deed

(1)  No assurance of land shall be valid to pass an interest at law unless made by deed.

(2)  This section does not apply to:

(a)  an acknowledgment under section 83 of the Probate and Administration Act 1898,

(b)  a disclaimer made in accordance with any law relating to bankruptcy in force before or after the commencement of the Conveyancing (Amendment) Act 1972, or not required to be evidenced in writing,

(c)  a surrender by operation of law, and a surrender which may, by law, be effected without writing,

(d)  a lease or tenancy or other assurance not required by law to be made in writing,

(e)  a vesting order,

(f)  any other assurance taking effect under any Act or Commonwealth Act.

(3)  This section does not apply to land under the provisions of the Real Property Act 1900.

23C   Instruments required to be in writing

(1)  Subject to the provisions of this Act with respect to the creation of interests in land by parol:

(a)  no interest in land can be created or disposed of except by writing signed by the person creating or conveying the same, or by the person’s agent thereunto lawfully authorised in writing, or by will, or by operation of law,

(b)  a declaration of trust respecting any land or any interest therein must be manifested and proved by some writing signed by some person who is able to declare such trust or by the person’s will,

(c)  a disposition of an equitable interest or trust subsisting at the time of the disposition, must be in writing signed by the person disposing of the same or by the person’s will, or by the person’s agent thereunto lawfully authorised in writing.

(2)  This section does not affect the creation or operation of resulting, implied, or constructive trusts.

23D   Creation of interests in land by parol

(1)  All interests in land created by parol and not put in writing and signed by the person so creating the same, or by the person’s agent thereunto lawfully authorised in writing, shall have, notwithstanding any consideration having been given for the same, the force and effect of interests at will only.

(2)  Nothing in this section or in sections 23B or 23C shall affect the creation by parol of a lease at the best rent which can reasonably be obtained without taking a fine taking effect in possession for a term not exceeding three years, with or without a right for the lessee to extend the term at the best rent which can reasonably be obtained without taking a fine for any period which with the term would not exceed three years.

23E   Savings in regard to secs 23B, 23C, 23D

Nothing in section 23B, 23C, or 23D shall:

(a)  invalidate any disposition by will, or

(b)  affect any interest validly created before the commencement of the Conveyancing (Amendment) Act 1930, or

(c)  affect the right to acquire an interest in land by virtue of taking possession, or

(d)  affect the operation of the law relating to part performance.