Trust deed of homes for poor persons

Trust deed of homes for poor persons

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This precedent is a trust deed of homes for poor persons.

In some jurisdictions, the terms of this deed may be affected by legislation on retirement villages. See each state’s legislation: Retirement Villages Act 1999 (NSW); Retirement Villages Act 1986 (Vic); Retirement Villages Act 1999 (Qld); Retirement Villages Act 1992 (WA); Retirement Villages Act 1987 (SA) and Retirement Villages Act 1995 (NT).

Conveyance

The conveyance is set out in clause 1.

In Queensland, omit "as settlor" and add covenants as follows:

(a)        that notwithstanding anything by the Vendor or anyone through whom he derives title otherwise than by purchase for value made, done, executed or omitted or knowingly suffered, the Vendor has full power to convey the land and that notwithstanding anything as aforesaid the land must remain to and be quietly entered upon, received and held, occupied, enjoyed and taken by the Trustees and any person deriving title under them and the benefit of it must be received and taken accordingly without any lawful interruption or disturbance by the Vendor or any person rightfully claiming or to claim by through under or in trust for the Vendor;

(b)        that freed and discharged from or otherwise by the Vendor sufficiently indemnified against all estates, encumbrances, claims and demands as either before or after the date hereof have been or must be made occasioned or suffered by the Vendor or by any person rightfully claiming by through under or in trust for him; and

(c)        further that the Vendor and every other person having or rightfully claiming any estate or interest in the land will from time to time and at all times in future, on the request and at the cost of the Trustees or of any person deriving title under them, execute and do all lawful assurances and things for further or more perfectly assuring the land to the Trustees and to those deriving title under them as by them or any of them must be reasonably required.

This precedent has been authored for Lexis Nexis by Phillip Burgess, Associate Professor of Law, University of New South Wales and F Maxwell Bradshaw and updated by GE Dal Pont, Professor, Faculty of Law, University of Tasmania.