Division 3A deed according to the form in the Second Schedule, or to the effect thereof, shall be effectual to pass any land for such estate as therein expressed.
44 No use to result from absence of consideration
(1) No use shall be held to result merely from the absence of consideration in a conveyance of land as to which no uses or trusts are therein declared.(2) Every limitation which may be made by way of use operating under the Statute of Uses or this Act may be made by direct conveyance without the intervention of uses.(2A) A provision in any instrument executed, made, or coming into operation whether before or after the commencement of the Conveyancing (Amendment) Act 1930, directing or authorising land to be conveyed by way of use operating under the Statute of Uses may be given effect to by a direct conveyance without the intervention of uses.(3) This section applies only to deeds executed after the commencement of this Act.
45 Grant of easements etc by way of use
(1) A conveyance of freehold land to the use that any person may have, for an estate or interest not exceeding in duration the estate conveyed in the land, any easement, profit à prendre, right, liberty, or privilege in, or over, or with respect to that land, or any part thereof, shall operate to vest in possession in that person that easement, profit à prendre, right, liberty, or privilege, for the estate or interest expressed to be limited to him or her; and the person, and the persons deriving title under him or her, shall have, use, and enjoy the same accordingly.(2) This section applies only to conveyances made after the commencement of this Act.
45A Reservation of easements etc in conveyances of land
(1) In a conveyance of land a reservation of any easement, profit à prendre, right, liberty, or privilege not exceeding in duration the estate conveyed in the land, shall operate without any execution of the conveyance by the grantee of the land out of which the reservation is made, or any regrant by the grantee, so as to create the easement, profit à prendre, right, liberty, or privilege, and so as to vest the same in possession in the person (whether being the grantor or not) for whose benefit the reservation is made.(2) This section applies only to reservations made after the commencement of the Conveyancing (Amendment) Act 1930.
46 In conveyance use of word grant unnecessary
In a conveyance executed after the commencement of this Act it shall not be necessary in order to convey land to use the word grant, but any words heretofore proper to convey land, and any other words indicating an intention to convey land, shall be sufficient.
(1) In a deed it shall be sufficient in the limitation of an estate in fee simple to use the words in fee or fee simple without the word heirs, or in the case of a corporation sole without the word successors, or to use the words in tail or in tail male or in tail female, without the words heirs of the body, or heirs male of the body, or heirs female of the body.(2) Where land is conveyed to or to the use of any person without words of limitation, such conveyance shall be construed to pass the fee simple or other the whole estate or interest the person conveying had power to dispose of by deed in such land unless a contrary intention appears by such conveyance.(3) This section applies only to deeds executed after the commencement of this Act.
(1) Every right of entry, contingent remainder, and every contingent or executory or future estate, right, or interest, or possibility coupled with an interest, in property, may be conveyed by deed.(2) Any conveyance of a present right of entry in any land, other than a conveyance to the person in possession thereof, and any covenant or agreement for, or promise of a conveyance (other than as aforesaid) of the same shall be void as against the person in possession or those claiming under him or her unless the person conveying or covenanting, agreeing, or promising to convey, or the person through whom he or she claims has been in possession of the land within twelve months from the date of the conveyance, covenant, agreement or promise.(3) Sections two and four of the Imperial Act thirty-two, Henry the Eighth, chapter nine (known as The Bill of Bracery and Buying of Titles), are hereby repealed so far as the same apply to New South Wales.