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Settled Land Act
An Act for facilitating Sales, Leases, and other Dispositions of Settled Land, and for promoting the execution of Improvements thereon.
[Assented to 18th March, 1892.
THEREAS it is desirable to facilitate Sales, Leases, and other Preamble
of Improvements thereon: Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:
1. This Act is divided into Parts as follows:—
III.-POWERS OF TENANT FOR LIFE.
IV.—INVESTMENT OR OTHER APPLICATION OF CAPITAL
V.-MODE OF EXERCISE OF POWERS-PROCEDURE.
PART VIII.-SETTLEMENTS BY WAY OF TRUST FOR SALE.
2. This Act may be cited as 'The Settled Land Act of 1892.'
Division of Act into Parts
45 and 46 Vic.,
3. (1) Any deed, will, agreement for a settlement, or other Definition of agreement, covenant to surrender, Act of Parliament, or other settlement. instrument, or any number of instruments, whether made or passed c. 38, s. 2 before or after, or partly before and partly after, the commencement of this Act, under or by virtue of which instrument or instruments any land, or any estate or interest in land, stands for the time being limited to or in trust for any persons by way of succession, or under or by virtue of which any persons are beneficially entitled in succession to any land or any estate or interest in land, is a settlement for the purposes of this Act, or creates such a settlement, and is in this Act referred to as a settlement, or as the settlement, as the case may be.
remainder or reversion
(2) An estate or interest in remainder or reversion not disposed Undisposed of of by a settlement, and reverting to the settlor or descending to the testator's heir, is for the purposes of this Act an estate or interest coming to the settlor or heir under or by virtue of the settlement, and comprised in the subject of the settlement.
Estate of tenant by curtesy. 47 and 48 Vic., c. 18, s. 8
45 and 46 Vic.,
c. 38, s. 2 (10)
Rent, payment, fine
Building purposes, building lease
Mines and minerals, mining purposes, mining
Act of Parlia'ment
Tenant for life. 45 and 46 Vic.,
c. 38, s. 2 (5),
Settled Land Act
(8) Land, and any estate or interest therein, which is the subject of a settlement, is for the purposes of this Act settled land, and is, in relation to the settlement, referred to in this Act as the settled land.
The determination of the question whether land is settled land, for the purposes of this Act, or not, is governed by the state of the facts, and the limitations of the settlement at the time of the settlement taking effect.
(4) For the purposes of this Act the estate of a tenant by the curtesy is to be deemed to be an estate arising under a settlement made by his wife, comprising the land of which he is tenant by the curtesy.
4. In this Act
'Income' includes rents and profits; and 'Possession' includes receipt of income;
'Rent' includes yearly or other rent, and toll, duty, royalty, or other reservation, by the acre, or the ton, or otherwise; and, in relation to rent, Payment includes delivery, and Fine' includes premium or fore-gift, and any payment, consideration, or benefit in the nature of a fine, premium, or fore-gift;
The term Building purposes' includes the erecting and the improving of, and the adding to and the repairing of, buildings; and a 'Building Lease' is a lease for any building purposes or purposes connected therewith;
The term 'Mines and Minerals' means mines and minerals whether already opened or in work, or not, and includes all minerals and substances in, on, or under the land, obtainable by underground or by surface working; and the term 'Mining purposes' includes the sinking and searching for, winning, working, getting, making merchantable, smelting or otherwise converting or working for the purposes of any manufacture, carrying away, and disposing of, mines and minerals, in or under the settled land, or any other land, and the erection of buildings, and the execution of engineering and other works, suitable for those purposes; and a Mining Lease' is a lease for any mining purposes or purposes connected therewith, and includes a grant or license for any mining purposes;
'Will' includes a codicil, and any other testamentary instru
ment, and a writing in the nature of a will;
'Securities' include stocks, funds, and shares ;
Court' means the Supreme Court of Western Australia;
'Act of Parliament' includes Ordinance and Act of Council.
Tenant for Life
5. The person who is for the time being, under a settlement, beneficially entitled to possession of settled land for his life, is for the purposes of this Act the tenant for life of that land, and the tenant for life under that settlement.
Settled Land Act
If in any case there are two or more persons so entitled as tenants in common, or as joint tenants, or for other concurrent estates or interests, they together constitute the tenant for life for the purposes of this Act.
A person being tenant for life within the foregoing definitions shall be deemed to be such, notwithstanding that under the settlement or otherwise the settled land, or his estate or interest therein, is encumbered or charged in any manner or to any extent.
6. (1) Each person as follows shall, when the estate or interest of each of them is in possession, have the powers of a tenant for life under this Act, as if each of them were a tenant for life as defined in this Act, namely:
(a) A tenant in tail;
(b) A tenant in fee-simple, with an executory limitation,
(c) A person entitled to a base fee, although the reversion
(d) A tenant for years determinable on life, not holding
(e) A tenant for the life of another, not holding merely
(f) A tenant for his own or any other life, or for years
(g) A tenant in tail after possibility of issue extinct;
(2) A person entitled to the income of land under a trust
(2) In every such case, the provisions of this Act referring to a tenant for life, either as conferring powers on him or otherwise, and to a settlement, and to settled land, shall extend to each of the persons aforesaid, and to the instrument under which his estate or interest arises, and to the land therein comprised.
(3) In any such case any reference in this Act to death as regards a tenant for life shall, where necessary, be deemed to refer to the determination by death or otherwise of such estate or interest as last aforesaid.
7. Where a person who is in his own right seised of or entitled in
Trustees of the
Infant absolutely possession to land, or beneficially entitled to the whole interest in land,
entitled to be as tenant for life. 45 and 46 Vic., c. 38, s. 59
is an infant, then for the purposes of this Act the land is settled land, and the infant shall be deemed tenant for life thereof.
Capital money. 45 and 46 Vic., c. 38, s. 2 (9)
47 and 48 Vic., c. 18, s. 4
Powers to tenant
45 and 46 Vic.,
Regulations respecting sale, exchange, and partition.
45 and 46 Vic., c. 38, s. 4
Settled Land Act
8. For the purposes of this Act the term 'trustees of the settlement' means the persons, if any, who are for the time being under a settlement trustees of settled land with power of sale, or with power to consent to or approve of the exercise of such a power of sale, or if there are no such trustees under a settlement, then the persons, if any, for the time being who are by the settlement declared to be trustees thereof for the purposes of this Act, or if there are no such persons then the persons, if any, in whom the settled land is vested upon the trusts of the settlement.
9. Capital money arising under this Act, and receivable for the trusts and purposes of the settlement, is in this Act referred to as capital money arising under this Act.
A fine received on the grant of a lease under any power conferred by this Act is to be deemed capital money arising under this Act.
PART III.-POWERS OF TENANT FOR LIFE
10. A tenant for life
(a) May sell the settled land, or any part thereof, or any easement, right, or privilege of any kind, over or in relation to the same;
(6) May make an exchange of the settled land, or any part thereof, for other land, including an exchange in consideration of money paid for equality of exchange; and
(c) Where the settlement comprises an undivided share in land,
or the settled land has under the settlement come to be held in undivided shares, may concur in making partition of the entirety, including a partition in consideration of money paid for equality of partition.
11. (1) Every sale shall be made at the best price that can reasonably be obtained.
(2) Every exchange and every partition shall be made for the best consideration in land, or in land and money that can reasonably be obtained.
(3) A sale may be made in one lot or in several lots, and either by auction or by private contract.
(4) On a sale the tenant for life may fix reserve biddings and buy in at an auction.
(5) A sale, exchange, or partition may be made subject to any stipulations respecting title, or evidence of title, or other things.
Settled Land Act
(6) On a sale, exchange, or partition, any restriction or reservation with respect to
(a) Building on or other user of land, or
(b) Mines and minerals, or
(c) The more beneficial working of mines and minerals, or
may be imposed or reserved and made binding, as far as the law
(7) Settled land in Western Australia shall not be given in exchange for land out of Western Australia.
12. Where on a sale, exchange, or partition there is an incumbrance affecting land sold or given in exchange or on partition, the tenant for life, with the consent of the incumbrancer, may charge that incumbrance on any other part of the settled land, whether already charged therewith or not, in exoneration of the part sold or so given, and may, 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 otherwise, make provision accordingly.
13. A tenant for life may lease the settled land, or any part thereof, or any easement, right, or privilege of any kind, over or in relation to the same, for any purpose whatever, whether involving waste or not, for any term not exceeding
(a) In case of a building lease, thirty years;
(b) In case of a mining lease, twenty-one years;
(c) In case of any other lease, twenty-one years.
(3) Every lease shall contain a covenant by the lessee for payment of the rent, and a condition of re-entry on the rent not being paid within a time therein specified not exceeding sixty days.
(4) A counterpart of every lease shall be executed by the lessee and delivered to the tenant for life; of which execution and delivery the execution of the lease by the tenant for life shall be sufficient evidence.
Transfer of incumbrances on 45 and 46 Vic.,
land sold, &c.
c. 38, s. 5
14. (1) Every lease shall be made to take effect in possession not Regulations later than twelve months after its date.
respecting leases generally.
c. 38, s. 7
(2) Every lease shall reserve the best rent that can reasonably 45 and 46 Vic., be obtained, regard being had to any fine taken, and to any money laid out or to be laid out for the benefit of the settled land, and generally to the circumstances of the case.
(5) A statement contained in a lease or in an indorsement thereon, signed by the tenant for life, respecting any matter of fact or of calculation under this Act in relation to the lease, shall, in favour of the lessee and of those claiming under him, be sufficient evidence of the matter stated.
Power of tenant for life to lease building or
for ordinary or