New South Wales Consolidated Acts

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REAL PROPERTY ACT 1900 - SECT 28A

Definitions

28A Definitions

In this Part and in all instruments purporting to be made or executed under this Act, unless inconsistent with the context or subject matter:

"Caution" means a caution referred to in section 28J.

"Land under common law title" means land alienated from the Crown in fee and not subject to the provisions of this Act and any estate or interest therein.

"Registered deed" means a conveyance, mortgage or charge registered under the provisions of Division 1 of Part 23 of the Conveyancing Act 1919 .

"Subsisting interest" , in relation to land for which a qualified folio of the Register has been created, means:

(a) any contingent or vested estate or interest in that land that was in existence at the date on which the qualified folio of the Register was created and would have been enforceable against the person for the time being registered in that qualified folio as the proprietor had that qualified folio not been created and had any dealing registered therein been effected by a corresponding instrument duly registered under Division 1 of Part 23 of the Conveyancing Act 1919 at the same time as the dealing became registered in the Register, and
(b) any estate or interest in that land, arising by prescription or under any statute of limitations, that was in existence or in the course of being acquired at the date on which the qualified folio of the Register was created.



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