Real Property Act 1886 (SA)

South Australia

Real Property Act 1886

An Act to consolidate and amend the Real Property Act 1861, the Real Property Act Amendment Act 1878 and the Rights-of-Way Act 1881, and for other purposes.

The Parliament of South Australia enacts as follows:

This Act may be cited for all purposes as the Real Property Act 1886.

1. (1)

   In this Act, unless the contrary intention appears—

allotment includes—

1. (a)

   a community lot, a development lot and common property created by division under the Community Titles Act 1996; and

2. (b)

   a unit and common property created by division under the Strata Titles Act 1988;

appropriate form means a form, which may be an electronic form, approved by the Registrar-General;

the Assurance Fund means the Real Property Act Assurance Fund constituted under this Act;

caveatee means any person against whose application for any purpose a caveat has been lodged, and shall include the registered proprietor of any land in respect of which a caveat has been lodged;

caveator means any person lodging a caveat;

certificate means a certificate of title issued under any of the Real Property Acts, or any grant from the Crown issued after the passing of the Real Property Act No. 15 of 1857 and before the commencement of the Real Property (Witnessing and Land Grants) Amendment Act 1995, and includes all plans and entries on the certificate of title;

client authorisation—see section 240A;

Court means—

1. (a)

   the Supreme Court; and

2. (b)

   in sections 52, 64, 71, 80, 87, 105, 108, 110, 142A, 154I, 165, 166 and 167 of this Act includes any other court or tribunal constituted under the law of this State or the Commonwealth; and

3. (c)

   in section 191 and Part 17 includes the District Court;

document includes a document in electronic form;

document of title means a document evidencing or relating to the title of land not under the provisions of any of the Real Property Acts;

dominant land means any land having a right-of-way or other easement appurtenant thereto or annexed to the ownership thereof;

easement includes a profit à prendre;

encumbrancee means the registered proprietor of an encumbrance;

encumbrancer means the registered proprietor of land subject to an encumbrance;

execution includes execution by a legal practitioner or registered conveyancer under a client authorisation;

instrument means any document capable of registration in the Lands Titles Registration Office, or in respect of which a record is under an Act directed, required or permitted to be made in the Register Book, and includes a document that may be registered or recorded in the Register of Crown Leases under section 93;

instrument of title means an instrument evidencing or relating to the title to land under the provisions of any of the Real Property Acts;

land includes all tenements and hereditaments corporeal and incorporeal of every kind and description, and every estate and interest in land;

law practice has the same meaning as in…