Real Property Act 1881 (SA)

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No. 223.

h

Act to amend the " Real Property Act, 1861,"

and for

other purposes.

[Assmted to, Novmbev ~ B t h,

1881.1

ERBAG dmbb have arisen ae to whether under the

W -m.

W" or o&er easement, constitute an interest in land capable of being Property Act, 1861," rights-of-way, appurtenant and in gross,

brought under the provisions of the said Act, and in respect of

which caveats may be entered. and whereae it is expedieht to settle nuch doubts-Be i t therefore Enacted bp the Governor of the Province of South Australia, with the advice and consent of the Legislative Council and House of Assembly of the said province, in this present Parliament assembled, as follo~8:

1.

In the cunstnzotion and for the purposes of the

Red Propertp

of

bring such lands under the provisions of the cc Real Property Aot,

1 1861," shall be deemed to be a person having an estate or interest

in the land over or in respect of which such Tight-of-way or other

1 easement exists, and 8h.U be entitled to lodge with the Registrar-

.

(Ifeneral a caveat forbidding the bringing of rmch land under the provisions of the Act as doremid, cxcept subject to the said

righbof-way or other eaeement. 3. F, v q

Act, 1861" (if not inmnsktent with the context and sobject matter),

the word "land " shall, in addition to the meaning assigned there- to by seotiim 3 of the said Act, mean and include rights-of-way c~ppnrtenant and rights-of-way in gross, and all other casements of

, any kind whatsoever.

I

2. Any pason p

d

of

or entitled to a rightaf-why, appm chwa in nrpsa ol

l mant m in groq or other easements,in, over, under, or across any ri,yhb-&my.

) h d s in r e p e a t of

which an application may hereafter be made to

440 & 45" VICTORIE, No. 223.

R+&iwf-

W q Act.-1881.

3. Every certificate of title ieaaed after the passing hereof, and containing therein a statement that the land therein deecribed haa appurtensnt thereto a right or rights-of-why or other' easements, or that the person therein named is entitled to any rightof-r ay or other ensernent in gross, or that the said land therein described ia subject to a right or rights-of-way or other easementa, shall fully set forth a true and accurate description, and in the case of a right? of-way contain a plan thereof in the margin of such right or rights. of-way or easements, or shall refer to the hsttument creating such right or rights-of-way or easernent, if such instrument he enrolled or deposited in the G-eneral Registry Office at Adelaide, or in the case of righbof-way to any plan deposited in the General Registry Office, or the Lands Titles Registration Office, on which such rights-of-way are shown; and such certificate shall, if duly authen- ticated under the hand and seal of the Registrar-General, unless in the case of a right-of-way, such right-of-way shall not…

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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.