Land And Conveyancing Law Reform Act 2009

71.

Features and rights conveyed with land.

71.— (1) A conveyance of land includes, and conveys with the land, all—

[CA 1881, s. 6]

( a) buildings, commons, ditches, drains, erections, fences, fixtures, hedges, water, watercourses and other features forming part of the land,

( b) advantages, easements, liberties, privileges, profits à prendre and rights appertaining or annexed to the land.

(2) A conveyance of land which has houses or other buildings on it includes, and conveys with the land, houses or other buildings all—

( a) areas, cellars, cisterns, courts, courtyards, drainpipes, drains, erections, fixtures, gardens, lights, outhouses, passages, sewers, watercourses, yards and other features forming part of the land, houses or other buildings,

( b) advantages, easements, liberties, privileges, profits à prendre and rights appertaining or annexed to the land, houses or other buildings.

(3) This section—

( a) does not on a conveyance of land (whether or not it has houses or other buildings on it)—

(i) create any new interest or right or convert any quasi-interest or right existing prior to the conveyance into a full interest or right, or

(ii) extend the scope of, or convert into a new interest or right, any licence, privilege or other interest or right existing before the conveyance,

( b) does not—

(i) give to any person a better title to any land, interest or right referred to in this section than the title which the conveyance gives to the land expressed to be conveyed, or

(ii) convey to any person any land, interest or right further or other than that which could have been conveyed to that person by the grantor,

( c) takes effect subject to the terms of the conveyance.