Real Property Act 1857 (SA)

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ANNO VICESIMO PRIM0

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t o ~ ~ e i r ? ~ ~ ~ ~ a u r s - ~ e it Enacted, by the Governor-in-Chief, of the said Province, with the advice and consent of the Legislative

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Council and House of Assembly of the said Province, in this present

Parliament asscnlblcd, as follows:

T 2

1. All Laws, Statutes, Acts, Ordinances, mles, regulations, and practice whatsoever, relating to freehold and other interests in land,

Rcpcd of previous

Acts.

so far as inconsistent with the provisions of this Act, are hereb'y

repealed, so far as rcgards their application to land undcr th

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of this Act, or the bringing of land under the operation oi?

this Act.

2. This Act maybe cited for all purposes as the " Real Property +Act."

Short titlr; H:

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3.

In the. construction, and for the purposes of this Act, and in all ~ n t e ~ e t a t i &

or

instruments purporting to be made or executed thercunder (if not inconsistent with the context arid subject matter), the following terms shall have thc respcctive mcctnings hereinafter assigned to them, that is to say-

The word " Land " shall extend to and include n~essuages,

tene-

ments, and hcrediiuments, corporeal and incorporeal, ot every

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kind and description, (whether of a greater

-=--. or

-- less descriptiofi

than life estates, and wm&%t

f a ~

& m equityrtogether

- with all paths, passa@s, ways, waters, water-courses, liberties,

privileges, easements, plantations, gardens, mines, minerals,

and quarries, and all trees and timber thereon or thereunder,

lying or being, inl less the same are specially excepted:

" Grant" shall mean the land grant of any land of the Crown by

any Resident Coininissioner or Goverrior of the said Province,

to any person or persons:

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shall mem~nyperson

seiscjd 0,r p?=d

of any cstate

possession, in f i t~~r i ty, or expectancy, or of a greutcr or lcss c1c.scriptioii tlian

a life estate, in any land.

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'l'ransfcr" shall inearl the csecution of c y c q instrument, nrd the performance of every formality, including ucgistmtion, required by this Act, to give ~uliciity to t11~ passing, either of the whole of the proprietor's inteiest in land, or of a q - lcss estatc thercin:

" Mcrnorandum of Sale " shall mean the instrument esecutcd by

the person liavingestate or interest in la id mlder the opera-

tion of this Act, for the puFosr of trmsfening such estate and

interest in form of tlic Schcdule hereto anncxeci, rnarlrcd B:

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Transmission" shall mean the acquirement of title to or iiltcrest in land5 corlsequent on the will, intestury, bankmptcy,

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insolvency, or marriage of

u p r ~ p r i e t t ~ ~.

:

" Certificate of 'l'itle" shall mcan the instr~mcnt

rsecuted by the

Registrar-General, in form A cx t…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.