Law of Property (Miscellaneous Provisions) Act 1994
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Change 1
1 Covenants to be implied on a disposition of property.
(1) In an instrument effecting or purporting to effect a disposition of property there shall be implied on the part of the person making the disposition, whether or not the disposition is for valuable consideration, such of the covenants specified in sections 2 to 5 as are applicable to the disposition. (2) Of those sections— (a) sections 2, 3(1) and (2), 4 and 5 apply where dispositions are expressed to be made with full title guarantee; and (b) sections 2, 3(3), 4 and 5 apply where dispositions are expressed to be made with limited title guarantee. (3) Sections 2 to 4 have effect subject to section 6 (no liability under covenants in certain cases); and sections 2 to 5 have effect subject to section 8(1) (limitation or extension of covenants by instrument effecting the disposition). (4) In this Part— “disposition” includes the creation of a term of years; “instrument” includes an instrument which is not a deed; and “property” includes a thing in action, and any interest in real or personal property.
1 Covenants to be implied on a disposition of property.
(1) In an instrument effecting or purporting to effect a disposition of property there shall be implied on the part of the person making the disposition, whether or not the disposition is for valuable consideration, such of the covenants specified in sections 2 to 5 as are applicable to the disposition. (2) Of those sections— (a) sections 2, 3(1) and (2), 4 and 5 apply where dispositions are expressed to be made with full title guarantee; and (b) sections 2, 3(3), 4 and 5 apply where dispositions are expressed to be made with limited title guarantee. (3) Sections 2 to 4 have effect subject to section 6 (no liability under covenants in certain cases); and sections 2 to 5 have effect subject to section 8(1) (limitation or extension of covenants by instrument effecting the disposition). (4) In this Part— “disposition” includes the creation of a term of years; “instrument” includes an instrument which is not a deed; and “property” includes a thing in action, and any interest in real or personal property.
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