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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. Laws inconsistent not to apply
6A. Effect of section 6
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 Land not to be withdrawn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 and manner of lodgement
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 notices
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
160A. Note of revocation or death may be made on electronic copy of power of attorney
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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