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CONVEYANCING ACT 1881 - SECT 3

3.(1) Under a contract to sell and assign a term of years derived out of a
leasehold interest in land, the intended assign shall not have the right to
call for the title to the leasehold reversion.

Subs.(2) rep. by SLR (NI) 1954

(3) A purchaser of any property shall not require the production, or any
abstract or copy, of any deed, will, or other document, dated or made before
the time prescribed by law, or stipulated, for commencement of the title, even
though the same creates a power subsequently exercised by an instrument
abstracted in the abstract furnished to the purchaser; nor shall he require
any information, or make any requisition, objection, or inquiry, with respect
to any such deed, will, or document, or the title prior to that time,
notwithstanding that any such deed, will, or other document, or that prior
title, is recited, covenanted to be produced, or noticed; and he shall assume,
unless the contrary appears, that the recitals, contained in the abstracted
instruments, of any deed, will, or other document, forming part of that prior
title, are correct, and give all the material contents of the deed, will, or
other document so recited, and that every document so recited was duly
executed by all necessary parties, and perfected, if and as required, by fine,
recovery, acknowledgment, inrolment, or otherwise.

(4) Where land sold is held by lease (not including under-lease), the
purchaser shall assume, unless the contrary appears, that the lease was duly
granted; and, on production of the receipt for the last payment due for rent
under the lease before the date of actual completion of the purchase, he shall
assume, unless the contrary appears, that all the covenants and provisions of
the lease have been duly performed and observed up to the date of actual
completion of the purchase.

(5) Where land sold is held by under-lease, the purchaser shall assume, unless
the contrary appears, that the under-lease and every superior lease were duly
granted; and, on production of the receipt for the last payment due for rent
under the under-lease before the date of actual completion of the purchase, he
shall assume, unless the contrary appears, that all the covenants and
provisions of the under-lease have been duly performed and observed up to the
date of actual completion of the purchase, and further that all rent due under
every superior lease, and all the covenants and provisions of every superior
lease, have been paid and duly performed and observed up to that date.

(6) On a sale of a property, the expenses of the production and inspection of
all Acts of Parliament, ..., records, proceedings of courts, ..., deeds,
wills, probates, letters of administration, and other documents, not in the
vendor's possession, and the expenses of all journeys incidental to such
production or inspection, and the expenses of searching for, procuring,
making, verifying, and producing all certificates, declarations, evidences,
and information not in the vendor's possession, and all attested, stamped,
office, or other copies or abstracts of, or extracts from any Acts of
Parliament or other documents aforesaid, not in the vendor's possession, if
any such production, inspection, journey, search, procuring, making, or
verifying is required by a purchaser, either for verification of the abstract,
or for any other purpose, shall be borne by the purchaser who requires the
same; and where the vendor retains possession of any document, the expenses of
making any copy thereof, attested or unattested, which a purchaser requires to
be delivered to him, shall be borne by that purchaser.

(7) On a sale of any property in lots, a purchaser of two or more lots, held
wholly or partly under the same title, shall not have a right to more than one
abstract of the common title, except at his own expense.

(8) This section applies only to titles and purchasers on sales properly so
called, notwithstanding any interpretation in this Act.

(9) This section applies only if and as far as a contrary intention is not
expressed in the contract of sale, and shall have effect subject to the terms
of the contract and to the provisions therein contained.

(10) This section applies only to sales made after the commencement of
this Act.

(11) Nothing in this section shall be construed as binding a purchaser to
complete his purchase in any case where, on a contract made independently of
this section, and containing stipulations similar to the provisions of this
section, or any of them, specific performance of the contract would not be
enforced against him by the Court.

© 1881 Crown Copyright

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