South Australian Current Acts

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REAL PROPERTY ACT 1886 - SECT 32

32—Titles in three classes

        (1)         For the purposes of all applications, the titles of applicants shall be divided into three classes as follows:

            (a)         Class I—When applicant is original grantee, and no transactions have been registered

when the applicant is the original grantee from the Crown, and the land has been granted on or subsequently to the first day of March, 1842, and no transaction affecting the title has at any time been registered, and the applicant has not required notice of his application to be served personally upon any person;

            (b)         Class II—When applicant is not original grantee, or any transactions have been registered

when, although the title does not belong to the first class, the land is held by the applicant for the estate or interest described in the application free from mortgage, encumbrance, or other beneficial interest affecting the title thereto, or if any such mortgage, encumbrance, or interest exists the parties interested therein join in or consent to the application, and the applicant has not required notice of his application to be served personally upon any person;

            (c)         Class III—When evidence of title imperfect

when any person beneficially interested in the land otherwise than as lessee, or any person interested in any mortgage or encumbrance affecting the title, is not a party joining in or consenting to the application, or the title or evidence of title set forth by the applicant is imperfect, or the applicant has required notice of his application to be served personally upon any person.

        (2)         If it shall appear to the Registrar-General that the title of the applicant belongs to the first class he shall bring such land under the provisions of this Act forthwith.



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