New South Wales Consolidated Acts
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CONVEYANCING ACT 1919 - SECT 7
(1) In the interpretation of this Act, and of any rules or regulations made
thereunder, unless the context or subject matter otherwise indicates or
"Administrator" means administrator within the meaning of the
Probate and Administration Act 1898 , and includes the NSW Trustee and
Guardian acting as collector under an order to collect.
"Approved form" means a form approved by the Registrar-General for the
purposes of the provision of this Act in which the expression is used.
"Assurance" includes a conveyance and a disposition made otherwise than by
"assure" has a corresponding meaning.
"Bankruptcy" means any act or proceeding in law having, before or after the
commencement of the Conveyancing (Amendment) Act 1972 , effects or results
similar to those of bankruptcy, and includes the winding-up of a company under
the Companies Act 1961 , the Companies (New South Wales) Code or the
Corporations Act 2001 of the Commonwealth; and
"bankrupt" has a meaning corresponding with that of bankruptcy.
"Commonwealth" means Commonwealth of Australia, and
"Commonwealth Act" (with or without descriptive words) means an Act passed by
the Parliament of the Commonwealth and includes any Act amending or
substituted for the same.
"Conveyance" includes any assignment, appointment, lease, settlement, or other
assurance by deed of any property; and
"convey" has a meaning corresponding with that of conveyance.
"Court" means the Supreme Court.
"Crown plan" means a plan (such as a county or parish map, a town or village
map or a portion plan) that has been prepared by or on behalf of the Crown and
is held by the Surveyor-General, and includes a registered plan that has been
lodged for registration with the Registrar-General by or on behalf of the
"Current plan" has the meaning given by section 7A.
"Dealing" has the same meaning as it has in the Real Property Act 1900 .
"Deed" in relation to land under the provisions of the Real Property Act 1900
, includes a dealing having the effect of a deed under that Act.
"Disposition" includes a conveyance, and also an acknowledgment under section
83 of the Probate and Administration Act 1898 , vesting instrument,
declaration of trust, disclaimer, release and every other assurance of
property by any instrument except a will, and also a release, devise, bequest,
or an appointment of property contained in a will; and
"dispose" has a corresponding meaning.
"Executor" means the executor to whom probate has been granted, and includes
an executor by right of representation.
"Existing lot" means:
(a) a lot whose boundaries are shown in a current plan,
(b) in relation to land that is not included in a current plan, any
distinct lot or portion of land whose current boundaries are identified in the
document or documents that evidence current legal interests in the land,
whether comprising the whole of a parcel, or 2 or more parts of a parcel
separated by land reserved or acquired for a road, railway or other like
"General Register of Deeds" means the General Register of Deeds maintained
under section 184C.
"Income" , when used with reference to land, includes rents and profits.
"Incumbrance" includes a mortgage in fee or for a less estate, and a trust for
securing money, and a lien and a charge of a portion, annuity, or other
capital or annual sum; and
"incumbrancee" has a meaning corresponding with that of incumbrance, and
includes every person entitled to the benefit of an incumbrance, or to require
payment or satisfaction thereof.
"Instrument" includes deed, will, and Act of Parliament.
"Land" includes tenements and hereditaments, corporeal and incorporeal, and
every estate and interest therein whether vested or contingent, freehold or
leasehold, and whether at law or in equity.
"Land under the provisions of the Real Property Act 1900" or any equivalent
expression, means estates registered under that Act.
"Licensed conveyancer" means the holder of a licence in force under the
Conveyancers Licensing Act 2003 .
"Mental disability" means the legal disability by reason of which the property
of a person subject thereto may, pursuant to the law from time to time in
force with respect to mental health, be committed to the management and care
of another person.
"Minor" means a person under the age of eighteen years; and
"minority" has a corresponding meaning.
"Mortgage" includes a charge on any property for securing money or money’s
"mortgage-money" means money or money’s worth secured by a mortgage.
"Mortgagee" includes any person from time to time deriving title to the
mortgage under the original mortgagee; and
"mortgagee in possession" means a mortgagee who in right of the mortgage has
entered into and is in possession of the mortgaged property.
"Mortgagor" includes any person from time to time deriving title to the equity
of redemption under the original mortgagor, or entitled to redeem a mortgage,
according to the person’s estate, interest, or right in the mortgaged
"mortgagee" , and
"mortgagor" in relation to land under the provisions of the Real Property Act
1900 have the same meaning as in that Act.
"Order" includes judgment.
"Personal representative" means the executor or administrator for the time
being of a deceased person.
"Possession" , when used with reference to land, includes the receipt of
"Power to postpone sale" means power to postpone in the exercise of a
discretion whether separately expressed or implied by the terms of the
trust for sale.
"Property" includes real and personal property, and any estate or interest in
any property real or personal, and any debt, and any thing in action, and any
other right or interest.
"Purchaser" means a purchaser for valuable consideration, and includes a
lessee, mortgagee, or other person who for valuable consideration acquires an
interest in property, except that in Part 4, Divisions 5 and 6
"purchaser" means only a person who acquires an interest in or charge on
property for money or money’s worth; and purchase has a meaning
corresponding with that of
"Registered" means registered in the appropriate register by the
"Registered plan" means any of the following:
(a) a plan of subdivision, a
plan of consolidation or a plan of identification (each within the meaning of
section 195) that is registered in accordance with Division 3 of Part 23,
a strata plan, strata plan of subdivision or strata plan of consolidation
within the meaning of the Strata Schemes Development Act 2015 ,
(d) a plan
that is registered for the purpose of showing either or both of the following:
(i) land that is proposed to be acquired, by agreement or compulsory process,
under a provision of an Act (including a Commonwealth Act) that authorises the
acquisition of land by compulsory process, or
(ii) the residue of land of
which part is proposed to be so acquired,
(e) a plan (other than a plan
referred to in paragraph (a)-(d)) that is registered or recorded by the
Registrar-General for the purpose of showing a parcel in a lawful division of
"Regulations" means regulations made under this Act.
"Rent" includes yearly or other rent, toll, duty, royalty, or other
reservation by the acre, the ton, or otherwise; and
"fine" includes premium or foregift, and any payment, consideration, or
benefit in the nature of a fine, premium, or foregift.
"Sale" means only a sale properly so called.
"Securities" include stocks, funds, and shares.
"Trust corporation" means the NSW Trustee and Guardian or a trustee company or
The Official Receiver in Bankruptcy or the trustee in whom is vested the
property of a bankrupt.
"Trust for sale" means a binding trust for sale, whether or not exercisable at
the request or with the consent of any person, and with or without a power at
discretion to postpone sale.
"Trustee company" means a licensed trustee company within the meaning of
Chapter 5D of the Corporations Act 2001 of the Commonwealth authorised by an
Act of New South Wales to act as trustee.
"Trustees for sale" mean the persons holding property on trust for sale.
"Valuable consideration" includes marriage but does not include a nominal
consideration in money.
"War damage" means damage caused by, or in repelling, enemy action, or by
measures taken to avoid the spreading of the consequences of damage caused by,
or in repelling, enemy action.
"Will" includes codicil.
(a) Any deed, will, agreement for a settlement,
or other agreement, Act, or other instrument, or any number of instruments,
whether made or passed before or after, or partly before and partly after the
commencement of the Conveyancing (Amendment) Act 1930 , under or by virtue of
which instrument or instruments any land on or after such commencement stands
for the time being:
(i) limited to or in trust for any persons by way of
(ii) vested in, or limited in trust for a minor in possession,
creates, or is for the purposes of this Act a settlement, and is in this Act
referred to as a settlement, or as the settlement, as the case requires:
Provided that where land is the subject of a compound settlement references in
this Act to the settlement shall be construed as meaning such compound
settlement, unless the context otherwise requires.
(b) Where a minor is
beneficially entitled to land, and by reason of an intestacy or otherwise
there is no instrument under which the interest of the minor arises or is
acquired, a settlement shall be deemed to have been made by the intestate or
by the person whose interest the minor has acquired.
(c) An estate or
interest not disposed of by a settlement and remaining in or reverting to the
settlor, or any person deriving title under the settlor, is for the purposes
of this Act an estate or interest comprised in the subject of the settlement
and coming to the settlor or such person under or by virtue of the settlement.
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