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REAL PROPERTY ACT 1886


TABLE OF PROVISIONS

           Long Title

   PART 1--Preliminary

   1.      Short title
   3.      Interpretation
   4.      Repeal
   5.      Savings
   6.      Inconsistency with other Acts
   7.      Lands under previous Acts to be under this Act
   8.      Land not to be withdrawn

   PART 2--Objects of this Act

   10.     Objects
   11.     Construction

   PART 3--The Lands Titles Registration Office

   12.     Lands Titles Registration Office to be at Adelaide
   13.     Administration of Act
   16.     Exercise of powers of Registrar-General
   17.     Delegation
   19.     Solicitor not to engage in private practice
   21.     Seal of office
   22.     Fees etc
   23.     Accounts of Registrar-General and payment of moneys
   23A.    Payment of moneys received in trust
   24.     Registrar-General not to be liable for acts done bona fide

   PART 4--The bringing of land under the Act

   25.     Land in two classes
   26.     Land on alienation from Crown to be under Act
   27.     Lands granted prior to the day on which this Act comes into operation may be brought into operation under this Act
   28.     Undivided shares and mortgaged land may not be brought under Act except upon conditions
   29.     Provisions as to surrender of documents etc
   30.     Statements to be verified by declaration
   31.     Application, how to be dealt with
   32.     Titles in three classes
   33.     Procedure under second class
   34.     Procedure under third class
   35.     Notice of application to be published
   36.     Second and third classes brought under this Act
   37.     How land to be brought under Act
   38.     Action to be taken on return of notices or failure of personal service
   39.     Caveat against bringing land under Act
   40.     If caveat be received within time limited, proceedings stayed
   41.     Applicant may withdraw his application
   42.     Documents of title, if they include other property, to be returned to applicant
   43.     Certificate to issue in name of deceased applicant proprietor or his nominee
   44.     Proceedings under caveat
   45.     Lapse of caveat
   46.     Reversion expectant on lease not to be extinguished

   PART 5--Registration of title

           Division 1--Registration of title in the Register Book

   47.     Registration of title in the Register Book
   49.     Folios in Register Book
   51.     Requirements of memorial
   51A.    Evidentiary

           Division 2--Registration of title by other methods

   51B.    Registration of title electronically etc
   51C.    Issuing certificates of title
   51D.    Evidentiary

           Division 2A--Boundaries of registered land

   51E.    Coordinated cadastre

           Division 3--General

   52.     Record of registration
   53.     Retention of records
   54.     Form of instruments
   55.     Non-compliant documents may be registered or recorded
   56.     Priority of instruments
   56A.    Registration
   57.     Effect of registration or recording of instruments
   59.     Provision for registration in case of death of person
   64.     Power of court to direct cancellation of certificate or entry
   65.     Search allowed
   66A.    Lodgement of land grant

   PART 6--The title of registered proprietors

   67.     Instruments not effectual until registration
   69.     Title of registered proprietor indefeasible
   70.     In other cases title of registered proprietor shall prevail
   71.     Saving of certain rights and powers
   72.     Knowledge of trust not evidence of want of bona fides

   PART 7--Certificates of title

   74.     Joint tenants and tenants in common
   75.     Certificates for remainder and reversions
   76.     Mode of inheritance or succession shall be implied
   77.     Memorials on certificates
   78.     Issue of new certificate on application
   78A.    Issue of new certificate on alteration etc

   PART 7A--Title by possession to land under this Act

   80A.    Application for certificate based on possession
   80B.    Application requirements
   80C.    Application how dealt with
   80D.    Requisitions
   80E.    Notice of application
   80F.    Caveats
   80G.    Power to issue certificates
   80H.    Cancellation of instruments
   80I.    Fees

   PART 8--Easements

   81.     Certificates may contain statement of right-of-way or other easement
   82.     Description of easement
   83.     Registered proprietor not to be subject to rights-of-way not mentioned in certificate
   84.     Easement not binding on registered proprietor subsequently acquiring land bona fide for value unless entered on certificate of title
   85.     Land to be held free of rights-of-way
   86.     Public rights-of-way etc not within this Act
   87.     Certificates heretofore issued conclusive evidence of right-of-way therein described
   88.     Entry as to easement to be made on certificates of title
   89.     Short form of describing right-of-way
   89A.    Incorporation of long forms of easements in instruments
   90.     Deposit of plan showing rights-of-way
   90A.    Application of sections 90B
           , 90C
           , 90D
           , 90E
           and 90F
   90B.    Variation and extinguishment of easements
   90C.    Easement and servient land may be vested in same person
   90D.    Survey of easement
   90E.    No private right-of-way over public street or road
   90F.    Easement subject to existing mortgage etc

   PART 9--Crown leases

   90G.    Interpretation
   91.     Interpretation of Crown lease
   92.     Person now holding under lease or agreement may surrender
   93.     Execution and registration of Crown Lease
   94.     Forfeiture etc of Crown Lease
   95.     Indefeasibility of title under Crown lease
   95A.    Evidentiary
   95B.    Operation of Part in relation to Crown leases and other instruments subject to other Acts

   PART 10--Transfers

   96.     Transfers
   96AA.   Creation of easements by reservation
   97.     Transferee of land subject to mortgage or encumbrance to indemnify transferor
   102.    Memorial of order for sale of land for non-payment of rates
   103.    Registration of transfer hereunder
   104.    Discharge of memorial
   105.    Sale under writ of fieri facias or decree, warrant or order of court
   106.    Transfer not to be valid against purchaser until entry of writ
   107.    Transfer on sale under writ, warrant, decree or order
   109.    Satisfaction of writ, warrant, decree, or order
   110.    Lapse of writ, decree, warrant, or order
   111.    Transfer by registered proprietor to spouse etc
   115A.   Issue of certificate where land is vested by operation of law

   PART 11--Leases and surrenders

   116.    Leasing of land
   117.    Contents of lease
   118.    Leases not to bind non-consenting mortgagees or encumbrancees
   119.    Lease for 1 year need not be registered
   119A.   Standard terms and conditions of lease
   120.    Lease may be surrendered by separate instrument
   121.    Registrar-General may record surrender
   122.    Effect of entry of surrender
   123.    Surrender where lease subject to mortgage or under-lease
   124.    Covenants to be implied in every lease against the lessee
   125.    Powers to be implied in lessor
   126.    Registrar-General to note particulars of re-entry in Register Book

   PART 12--Mortgages, encumbrances, and discharges

   128.    Mortgage of land
   128A.   Obligations of mortgagee
   128B.   Encumbrance of land
   129.    Contents of mortgage or encumbrance
   129A.   Standard terms and conditions of mortgage or encumbrance
   130.    Covenant to be implied in every mortgage
   130A.   Implied covenant in encumbrance
   131.    Subsequent mortgagees or encumbrancees, may redeem prior mortgages etc
   132.    Nature of mortgage and encumbrance, and procedure in case of default
   133.    Power of sale
   134.    Mortgagee's receipt to discharge purchaser
   135.    Appropriation of proceeds
   135A.   Mode of payment of encumbrance
   136.    Transfer upon sale by mortgagee or encumbrancee
   137.    Power of mortgagee to enter, take possession, distrain, let, or bring action for recovery of land
   138.    Power of mortgagee to distrain on tenant or occupier for arrears not exceeding the amount of rent due
   139.    Duty of mortgagee of leasehold entering into possession of rent and profits to account
   140.    Application by mortgagee to Registrar-General for foreclosure
   141.    Procedure on foreclosure application
   142.    Effect of order for foreclosure
   142A.   Provision for case where mortgagee or encumbrancee refuses to join in proceedings on default
   143.    Discharge of mortgages and encumbrances
   144.    Partial discharge of mortgage or encumbrance on grant of easement
   145.    Entry of satisfaction of annuity
   146.    Discharge of mortgage by Minister in certain cases
   147.    Cancellation of registration of mortgage by Registrar-General
   148A.   Entry in Register Book where rights of mortgagee barred by Statute
   150.    Transfer of mortgage, lease and encumbrance
   151.    Effect of such transfer
   152.    Covenants implied in transfer of lease
   152A.   Obligation of transferee if mortgage transferred

   PART 13--Extensions

   153.    Renewal or extension of mortgage etc
   153A.   Requirements for renewal or extension of mortgage
   153B.   Obligations of mortgagee

   PART 13A--Priority notices

   154A.   Person who intends to lodge instrument may lodge priority notice
   154B.   Effect of priority notice
   154C.   Registration of instruments identified in priority notice
   154D.   Lodging party need not be informed that instrument cannot be registered or recorded
   154E.   Withdrawal of priority notice
   154F.   Cancellation of priority notice by Registrar-General
   154G.   Cessation of priority notice
   154H.   Registration of instruments after priority notice is no longer in force
   154I.   Civil liability

   PART 14--Powers of attorney

   155.    Power of attorney
   156.    Deposit of duplicate or attested copy
   157.    Revocation of power of attorney
   158.    Power of attorney heretofore given
   159.    Entry of death of grantor
   160.    Instruments executed before entry of revocation or death to be valid

   PART 15--Trusts and transmissions

   161.    Trusts contained in grant from the Crown to be inserted in certificate as in original grant
   162.    No particulars of trust to be entered in Register Book but trust instrument may be deposited
   163.    Insertion of the words "with no survivorship" in instruments
   164.    Trustees may authorise insertion of "with no survivorship"
   165.    Effect of record
   166.    Court may direct notice to be published before order is made
   167.    Court may protect persons interested
   168.    Survivors may perform duties or transfer to new trustees
   169.    Disclaimers
   170.    Transmission by bankruptcy or statutory assignment
   171.    Transmission to be recorded in Register Book
   172.    Proceedings in case assignment declared void
   173.    Bankruptcy or assignment of lessee
   174.    Entry of surrender or foreclosure not to prejudice cause of action
   175.    Transmission of estate of deceased persons
   176.    Application to be made in such case
   177.    Particulars of application to be recorded
   178.    Effect of such entry
   179.    Where 2 or more executors or administrators, all must concur
   180.    Person registered in place of deceased, bankrupt, or assigning proprietor, to be proprietor of land for purpose of dealing
   181.    Proceedings when executor etc refuse to transfer
   182.    Court may order transfer to person entitled
   183.    Court may decide question of title etc
   184.    Order of Court vesting land
   185.    Action may be brought by person claiming beneficial interest in name of trustee
   186.    Purchases from registered proprietor not to be affected by notice
   187.    Except in case of fraud
   188.    Registration of survivor of joint proprietors, and of remainder-man entitled to estate in possession

   PART 16--Caveats

   191.    Caveats

   PART 17--Ejectment

   192.    Summons to give up possession
   193.    Summons to contain description of land
   194.    Orders on non-appearance to summons
   195.    Orders on appearance to summons
   196.    Dismissal of summons not to prejudice other rights
   197.    Effect of order for possession
   198.    Writ of habere facias unnecessary where no one is in possession, or the land is surrendered voluntarily
   199.    Existing rights preserved

   PART 18--The Assurance Fund

   201.    The Assurance Fund
   203.    Party deprived of land may sue for compensation
   204.    Exoneration of proprietor after transfer for value, except in certain cases
   205.    Proceedings against the Registrar-General, as nominal defendant
   207.    Purchasers etc protected
   208.    Proceedings against the Registrar-General as nominal defendant
   209.    Value of buildings to be excluded
   210.    Persons claiming may, before taking proceedings, apply to the Registrar-General for compensation
   210A.   Value of land determined by market value
   210B.   Registrar-General may use Fund money
   211.    Assurance Fund not liable for breach of trust or improper exercise of power of sale
   212.    Nor for misdescription of boundaries or parcels except in certain cases
   213.    Procedure upon, and enforcement of claims against the Assurance Fund
   214.    Proceedings where same land is included in two or more grants from the Crown. Assurance Fund not liable in such case
   215.    Limitation of actions
   216.    Court to have regard to contributory negligence
   217.    Payments out of Assurance Fund to be deemed made on account of certain persons
   218.    Moneys paid out of the Assurance Fund may be recovered
   219.    Judgment may be entered by Registrar-General for amount paid on account of absent persons

   PART 19--Special powers and duties of Registrar-General

   220.    Powers of Registrar-General
   220A.   Registrar-General may require production or verification of documents or information
   221.    Reviews
   223.    Registrar-General may refer question of law

   PART 19A--Rectification of certificates

   223A.   Applications for amendment
   223B.   Notices to be given
   223C.   Power of Registrar-General to reject
   223D.   Caveats
   223E.   Grant of application
   223F.   Alterations of certificate in bringing land under this Act
   223G.   Amendment of title
   223H.   Notice of amendment of title
   223J.   Rectification by consent
   223K.   Saving of other powers
   223L.   Operation of corrections

   PART 19AB--Division and amalgamation of allotments

           Division 1--Preliminary

   223LA.  Interpretation
   223LB.  Unlawful division of land
   223LC.  Application of this Part

           Division 2--General procedures to be observed in relation to division of land

   223LD.  Application for division
   223LDA. Application may deal with statutory encumbrances
   223LE.  Deposit of plan of division in Lands Titles Registration Office
   223LF.  Streets, roads etc
   223LG.  Service easements
   223LH.  Consent to plans of division
   223LI.  Assessment of stamp duty

           Division 3--Amalgamation

   223LJ.  Amalgamation

           Division 5--Miscellaneous provisions

   223LP.  Regulations

   PART 20--Procedure and penalties

   226.    Forms of summons by Registrar-General
   227.    On refusal or neglect of person summoned, Registrar-General may apply to Judge
   228.    Declarations
   229.    Offences
   230.    Perjury
   232.    Certifying incorrect documents
   232A.   Offences relating to verification of identity
   232B.   Offences relating to verification of authority
   233.    Other offences
   234.    Certificate etc procured by fraud to be void
   240.    Conviction not to affect civil remedy

   PART 20A--Client authorisation

   240A.   Client authorisation
   240B.   Effect of client authorisation
   240C.   Termination of client authorisation
   240D.   Instruments to be executed by natural persons
   240E.   Client authorisation may be given by Crown or statutory corporation
   240F.   Legal practitioner and registered conveyancer must obtain authorisation
   240G.   Retention of client authorisation

   PART 21--Miscellaneous

   241.    Plans and maps
   242.    Diagrams of land in certificates of title
   242A.   Cases where measurements not required
   244.    Provision for person under disability of infancy or mental incapacity
   245.    Court may appoint guardian
   246.    Unregistered instruments to confer claim to registration
   247.    Informal documents may be registered
   248.    Memorial to be entered
   249.    Equities not abolished
   250.    Lis pendens not to be registered
   251.    No title by adverse possession
   252.    Corporations and district councils to furnish Registrar-General with plans of new streets etc
   253.    Surveyor-General to furnish Registrar-General with particulars of orders confirming opening of new roads etc
   254.    Alteration of plans
   255.    Confused boundaries
   258.    Reference to Real Property Acts
   259.    General powers of Court not affected
   260.    Valuable consideration may be proved by prior instruments
   261.    General covenants to be implied in instruments
   262.    Implied powers and covenants may be modified or negatived
   263.    In action for breach, party may be proceeded against as if he had covenanted in express words
   264.    Implied covenants to be joint and several
   265.    Short forms of covenants in mortgages and leases
   266.    Short form for expressing exception of mines and minerals
   267.    Witnessing of instruments
   268.    Improper witnessing
   270.    Execution of instrument by corporation
   273.    Authority to register
   273AA.  Proof of authority of unrepresented parties to enter into transaction
   273A.   Verification of identity requirements
   273B.   Verification of authority guidelines
   274.    Solicitors and conveyancers to be generally entitled to recover fees for work done under this Act
   275.    Forms in Schedules
   276.    Service of notices
   276A.   Evidence of instruments lodged electronically
   277.    Regulations
           SCHEDULE 1--Transitional provisions
           SCHEDULE 2--Application to bring land under the provisions of the Real Property Act 1886
           SCHEDULE 3--Caveat forbidding lands to be brought under the Real Property Act 1886
           SCHEDULE 5--A free and unrestricted right-of-way
           SCHEDULE 6--Short forms of easements and their interpretation
           SCHEDULE 16--Short forms of covenants and their interpretation
           SCHEDULE 17--Short form of exception of mines and minerals and its interpretation
           SCHEDULE 22--Summons by Registrar-General
           Legislative history


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