South Australian Current Acts South Australian Current Acts23—Vesting etc of lots etc on deposit of plan
(1) On deposit of a
plan of community division—
(a) the
common property vests in the owners of the community lots but the certificate
of title for the common property will be issued in the name of the
community corporation;
(b) if
immediately before division the land divided comprised one allotment or two or
more allotments owned by the same person, the lots will vest in that person
and certificates for the lots will be issued in that person's name;
(c) if
immediately before division the land divided comprised one or more allotments
owned by more than one person, the lots will vest in one or two or more of
those persons in the manner stated by the application and the certificates for
the lots will be issued accordingly;
(d) if
the land divided comprises a primary or secondary lot, the lots created by the
plan will vest in the owner of the primary or secondary lot.
(2) Where a plan, or
the application for division, states that an estate or interest in land (not
being an estate in fee simple in the common property or a lot) is vested in a
person, deposit of the plan in the Lands Titles Registration Office operates
to vest the estate or interest in that person to the extent to which it is not
already vested in him or her.
(3) Where a plan, or
the application for division, states that an estate or interest in land is
discharged or otherwise extinguished whether wholly or in respect of part only
of that land, deposit of the plan in the Lands Titles Registration Office
operates to discharge or otherwise extinguish that estate or interest wholly
or in respect of that part of the land.
(4) Where the deposit
of a plan will operate to vest an encumbrance (other than an easement referred
to in section 25) in a person, the terms on which the encumbrance will be
held must be specified by including them in, or attaching them to, the
application for division or by reference to another registered instrument.
(5) Where an easement
is vested on deposit of a plan, the plan (or another plan referred to in the
plan) must delineate the easement and the plan, or the application for
division, must specify which land is the dominant land (if any) and which land
is the servient land in respect of the easement.
(6) Subject to this
section, where land divided by a community plan is subject to a registered
easement or a registered lease—
(a) in
the case of an easement—the easement; and
(b) in
the case of a lease—the lease and any encumbrance registered in relation
to the lease,
will be registered on the relevant certificates of title issued under this
section.
(7) Subject to this
section, where land divided by a community plan is subject to a
registered encumbrance (other than a statutory encumbrance, an easement or a
lease or encumbrance registered in relation to a lease) that is to continue
after the deposit of the plan, the encumbrance—
(a) will
be registered on the certificate of title for each lot; but
(b) will
not be registered on the certificate for the common property and the
encumbrance will be taken to be discharged to that extent.
(8) The
Registrar-General must, in relation to a statutory encumbrance, make such
notes or other endorsements on the certificate of title for any lot, or for
the common property, as may be appropriate according to the nature and extent
of the encumbrance.
(9) Where duty is
payable under the Stamp Duties Act 1923 in relation to two or more
transactions that will be effected by deposit of a plan of community division,
each of the transactions will be taken to be effected by a separate instrument
for the purposes of assessing duty.