South Australian Current Acts

REAL PROPERTY ACT 1886 - SECT 223LE

223LE—Deposit of plan of division in Lands Titles Registration Office

        (1)         Where due application is made to the Registrar-General for the division of land, the Registrar-General may deposit the plan of division to which the application relates in the Lands Titles Registration Office if the certificate issued by the Commission in relation to the proposed division has not expired under this Division.

        (2)         Subject to subsection (3), where a plan of division or the application for division states that an estate or interest in land 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)         An estate in fee simple will vest in a person under subsection (2) only if—

            (a)         the person was, immediately before the plan of division was deposited in the Lands Titles Registration Office, the registered proprietor of an estate in fee simple in some part, or the whole, of the land, shown on the plan of division; or

            (b)         the person is an agent or instrumentality of the Crown or the Commonwealth Crown or is entitled to acquire the land compulsorily under an Act or law of the State or the Commonwealth.

        (4)         Where a plan of division or the application for division states that an estate or interest in land shown on the plan of division 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.

        (5)         Where the deposit of a plan of division will operate to vest an estate or interest (other than an estate in fee simple or a service easement) in a person, the terms on which the estate or interest will be held must be specified by including them in, or attaching them to, the application for the division of the land or by reference to another registered instrument.

        (6)         Where an easement is shown on a plan of division, 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.

        (7)         Upon deposit of a plan of division in the Lands Titles Registration Office, the Registrar-General must make such entries on the certificates relating to land affected by the plan as he or she considers necessary.