Real Property Act 1886

This

Act may be cited for all purposes as the Real

Property Act 1886.

In this Act, unless the contrary intention appears—

allotment includes—

a community lot, a development lot and common property created by

division under the Community

Titles Act 1996;

and

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—

the

Supreme Court; and

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

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—

signing personally; and

signing personally on behalf of another person under a power of attorney; and

execution on behalf of another person by a legal practitioner or registered conveyancer (including under a client authorisation); and

signing, sealing or attesting in electronic form; and

execution in any manner permitted or required by law;

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 the Legal

Practitioners Act 1981;

legal practitioner has the same meaning as in the Legal

Practitioners Act 1981;

lessee means the registered proprietor of a lease;

lessor means the registered proprietor of land subject to a lease;

mentally incapacitated person has the same meaning as in the Guardianship and Administration Act 1993;

mortgagee means the registered proprietor of a mortgage;

mortgagor means the registered proprietor of land subject to a mortgage;

participation rules means the participation rules determined by the Registrar‑General under section 23 of the Electronic

Conveyancing National Law (South Australia);

proprietor means any person seized or possessed of, or entitled to land;

registered conveyancer means a person registered as a conveyancer under the Conveyancers

Act 1994;

registered proprietor means a person appearing by the Register Book to be the proprietor of an estate or interest in land registered under any of the Real

Property Acts;

servient land means land subject to any easement;

statutory assignment means any deed assigning a debtor's estate for the benefit of his or her creditors, executed under an Act;

the

Real Property Acts means the Real

Property Act (No. 15 of 1857), The

Real Property Law Amendment Act (No. 16 of 1858), the Real

Property Act of 1860 (No. 11 of 1860), the Real

Property Act of 1861 (No. 22 of 1861), the Real

Property Act Amendment Act of 1878 (No. 128 of 1878), the Rights-of-Way

Act 1881 (No. 223 of 1881), and this Act;

transmission means the passing of title to land in any manner other than by transfer;

Tribunal means the South Australian Civil and Administrative Tribunal established under the South

Australian Civil and Administrative Tribunal Act 2013;

verification of authority guidelines—see section 273B;

verification of identity requirements—see section 273A.

The description of any person as proprietor, transferor, transferee, mortgagor, mortgagee, caveator, caveatee, encumbrancer, encumbrancee, lessor, lessee, or trustee, or as seized of, having, or taking any estate or interest in land shall be deemed to extend to and include the heirs, executors, administrators, and assigns of such person.

Despite section 7 of the Electronic

Conveyancing National Law, an application or instrument of a kind specified by the Minister and notified in the Gazette may be lodged electronically by the means specified by the Minister in the notice.

The following Acts or parts of Acts are hereby repealed:

Such repeal shall not affect any appointment, regulation, instrument, fund, act, matter, or thing lawfully made, done, executed, or in existence under the authority of the said Acts or any or either of them; nor prevent prosecution or punishment for any offence committed or act done in violation of the provisions of the said Acts or any or either of them; or interfere with the recovery of any penalty or of any forfeiture incurred under the said Acts or any or either of them;

or with the enforcement, vindication, or recovery, of any estate, right, title, trust, covenant, contract, or interest preserved, acquired, accruing, existing or entered into under the provisions of the said Acts or any or either of them; nor shall such repeal affect or in any way interfere with any act or thing, prosecution or punishment, enforcement, vindication, or recovery saved or protection given by the said repealed Acts; and all applications, actions, suits, proceedings, instruments, registrations, and other acts, matters, and things made, commenced, pending, signed, entered, or done under the said repealed Acts or any or either of them before the passing of this Act, may be proceeded with, prosecuted, completed, and acted on in the same manner and shall be as valid and effectual as if this Act had not been passed.

No law, so far as inconsistent with this Act, shall apply to land subject to the provisions of this Act, nor shall any future law, so far as inconsistent with this Act, so apply unless it shall be expressly enacted that it shall so apply "notwithstanding the provisions of the Real

Property Act 1886".

Section 6 has effect as if Schedule 1 Part 4 of the Aboriginal

Lands Trust Act 2013 had never come into operation.

All lands subject to the provisions of any of the Real Property Acts shall, on and from the day upon which this Act shall come into operation, and all land hereafter brought under the provisions of any of the Real Property Acts, pursuant to any application commenced at the time of this Act coming into operation, shall, from the time of the issuing of the certificate for such land, be held subject to the provisions of this Act.

No land once subject to the provisions of this Act shall ever be withdrawn therefrom.

The objects of this Act are to simplify the title to land and to facilitate dealing therewith, and to secure indefeasibility of title to all registered proprietors, except in certain cases specified in this Act.

This

Act shall always be construed in such manner as shall best give effect to the objects hereinbefore declared.

The

Lands

Titles Registration Office shall be continued at Adelaide for the purposes of this Act.

There is to be a Registrar-General.

The

Registrar-General is responsible for the administration of this Act.

There are to be such deputies of the Registrar-General as may be necessary or expedient for the administration of this Act.

There are to be such other persons engaged in the administration of this

Act as the Registrar‑General thinks fit.

The

Registrar‑General and the deputies of the Registrar‑General are to be Public Service employees.