Real Property Act 1860 (SA)

HERE,QS a certain Act was passed in the twenty-first year

Preamblo.

of lIer present Majtjestv, No. 15, and intituled " An Act to

No. 15, 21 Vict.

passed in the twenty-second year of Her present Majesty, No. 16,

No. 16, 22 Vicc.

and intituled " An Act to amend the Red Property Act;" and it is expedient to consolidate and amend the said Acts; and whereas the preamble of the first recited Act sets forth that the inhabitants of the Province of South Australia are subjected to losses, heavy costs, and much perplexity, by reason that the Laws relating to the transfer and encumbrance of freehold and other interests in land are complex, cumbrous, and unsuited to the requirements of the said inhabitants; and whereas, for the effectual rremoval of the grievance therein set forth, it is desirable to substitute for existing titles, subject to impeachment or defeasance, other titles which shall not be subject to impeachment or defeasance, and to compensate proprietors for loss

or damage that may be occasioned by reason of such substitution,

a d that thereafter, all transfers and other dealings with land shall

be effected by means of registration of title, and not by means of

deeds or other instruments, and that title to land, or to any estate or

interest therein, acquired by registration, hall be irdefezd.de and not liable to impeachment: Be it therefore Enacted, by the Governor- in-Chief of the Province ~f South Australia, "th the advice and

Q

consent

isor&

1. From and after the day appointed for this Act to come into operation the mid two Acts s h d be, and are hereby repealed; and all other hws, Statutes, Acts, Ordinances, rules, regulations, and practice whatsoever, relating to freehdd and other interests in land, so far as inconsktent with the p~cvisions of this Act, are hereby repealed, so far as regards their application to land under the provisions of this Ad, or the bringing of land under the provisions of this Act: Provided always, that all lands heretofore brought under or subjected

to the provisions of the said recited Acts, shall for all purposes be

deemed and taken to be under and subject tro the provisions of this Act; and in dl questions affecting the validity of any proceedings under the said recited Acts, the provisions of this Aet shall be held to apply for the purpose of protectingfrom adverse claim parties registered as proprietors of any estate or Interest in land brought under the provisions of…