REAL PROPERTY ACT 1900 - As at 20 October 2021 - Act 25 of 1900

Table of Provisions

• Long Title

PART 1A - PRELIMINARY

• 1 Name of Act
• 2 Repeal of Acts
• 3 Definitions
• 3A Application of Act to electronic form plans and other documents
• 3B Arrangements for payment of fees

PART 1 - ADMINISTRATION

• 4 Administration of Act
• 4A Registrar-General--delegation and seal of office
• 4B Deputy Registrars-General
5-10. (Repealed)

PART 2 - GENERAL POWERS OF REGISTRAR-GENERAL

• 11 Minister's directions
• 12 Powers of Registrar-General
• 12A Power of Registrar-General to serve notice of proposed action
• 12AA Notice to produce electronic form plans and other documents
• 12B Mortgagee or mortgagor may be recorded as registered proprietor
• 12C Recording of native title in Register
• 12D Registrar-General's Guidelines
• 12E Conveyancing rules
• 12F Lodgment rules

PART 3 - CROWN LANDS AND LANDS ACQUIRED FROM THE CROWN TO BE SUBJECT TO THE ACT

• 13 Application of this Part
• 13A Bringing of purchases etc of Crown land under Act
• 13B Bringing of perpetual leases of Crown land under Act
• 13C Lodgment of instruments of lease for cancellation
• 13D Bringing of other Crown land under Act
• 13E Death of person before creation of folio
• 13F Treatment of instruments not in approved form
• 13G Recordings in Register
• 13H Land that becomes Crown land
• 13I Revocation of reserves
• 13J Estate in land where the State is recorded as proprietor
• 13K Conversions, purchases, extensions of term, subdivisions etc
• 13KA Treatment of instruments affecting land dealt with under section 13K
• 13L Execution of instruments in respect of land to which this Part applies
• 13M Registration of instruments executed before creation of folio
• 13N Restriction on creation of folios

PART 4 - APPLICATIONS TO BRING LAND UNDER THE ACT AND PROCEEDINGS THEREON

Division 1 - Applications

• 14 Application to bring land under the Act
• 14A Consolidation with adjoining land in certain cases
• 15 Supreme Court may order production of deeds for purposes of application
16. (Repealed)

Division 2 - Applications how dealt with

• 17 Creation of folio for land that is the subject of a primary application
18-22. (Repealed)
• 23 Withdrawal of primary application

Division 2A - Disposal of certain instruments

• 23A Instruments of title, how to be dealt with

Division 3 - (Repealed)

PART 4A - QUALIFIED FOLIOS OF THE REGISTER

• 28A Definitions
• 28B Qualified folio may be created on primary application
• 28C Qualified folio may be created on subdivision
• 28D Qualified folio may be based on registered deed
• 28E Qualified folio may be created upon investigation by Registrar-General
• 28EA Ordinary folio may be created in certain cases
• 28F Qualified title for holders of aquaculture leases
• 28G Restriction on creation of qualified folio
• 28GA Creation of qualified or ordinary folio to be indexed
• 28H Recording on qualified folio of registered deeds executed before creation
• 28I Subsisting interests to be entered on qualified folio
• 28J Cautions
• 28K Additional subsisting interests may be notified
• 28L Duties of registered proprietor dealing with land in qualified folio
• 28M Lapsing of caution on qualified folio created after registered deed for value (section 28J (1))
• 28MA Lapsing of caution on qualified folio created after registered deed other than for value (section 28J (1A))
• 28MB Effect of lapsing of caution under section 28M or 28MA
• 28MC Application for cancellation of caution accompanied by search
• 28MD Application for cancellation of lapsed caution
• 28ME Application for cancellation of caution on qualified folio created on possessory title (section 28J (1B))
• 28MF Registrar-General may cancel lapsed caution
• 28MG Cancellation of caution in certain cases does not defeat certain subsisting interests
• 28MH Cancellation of caution on resumption or sale under Local Government Act 1993
• 28N Cancellation of instruments
• 28O Certain proceedings against Registrar-General barred
• 28P Application of provisions of this Act to qualified folio and land therein
• 28Q Application of Act No 6, 1919, Part 4
• 28QA Information and production of documents
• 28R Certain instruments to have no effect

PART 4B - LIMITED FOLIOS OF THE REGISTER

Division 1 - Creation of limited folios

• 28S Definitions
• 28T Creation of limited folio
• 28U Defeasibility of limited title

Division 2 - Delimitation plans

• 28V Removal of limitation
• 28W Restrictions on registration of delimitation plan
• 28X Withdrawal of delimitation plan

Division 3 - (Repealed)

Division 4 - Other provisions relating to limited folios

• 28ZC Certain proceedings against Registrar-General barred
• 28ZD Information and production of documents

PART 5 - (Repealed)

PART 5A - CERTIFICATION OF TITLE TO RESUMED LAND

• 31A Creation of folio for resumed land

PART 6 - THE REGISTER AND REGISTRATION

• 31B The Register
• 32 Folios of the Register
• 33 Information notice
33AAA-33AB. (Repealed)
• 33A Assumption as to authority
34, 35. (Repealed)
• 36 Lodgment and registration of documents
• 36A Notification of permits, licences and permissive occupancies affecting Crown land
• 37 Transactions effecting the subdivision of land
38. (Repealed)
• 39 Treatment of dealings that do not comply with requirements
• 39A Treatment of certain instruments when land brought under Act
• 39B Registration of mortgagor or charger as proprietor
• 39C Dealings etc to be in approved form
• 39D Register of Deeds to be noted
• 40 Manual folio to be considered evidence of title, and that the land has been duly brought under the Act
• 40A Production of computer folio to courts etc
• 41 Dealings not effectual until recorded in Register
• 42 Estate of registered proprietor paramount
• 43 Purchaser from registered proprietor not to be affected by notice
• 43A Protection as to notice of person contracting or dealing in respect of land under this Act before registration
• 43B Statutory restrictions on alienation etc
• 44 Registered proprietor suing for specific performance
• 45 Bona fide purchasers and mortgagees protected in relation to fraudulent and other transactions
• 45A Construction of dealings relating to land abutting on streams or roads

PART 6A - POSSESSORY TITLES TO LAND UNDER THE ACT

Division 1 - Possessory applications

• 45B Definitions
• 45C Acquisition of possessory title to land under the Act
• 45D Application for title by possession
• 45E Grant of possessory application
• 45F Restrictions on grant of possessory applications
• 45G Withdrawal of possessory application

Division 2 - (Repealed)

PART 7 - DEALINGS

Division 1 - Transfers

• 46 Transfers
• 46A Creation of easements etc over own land by a dealing
46B. (Repealed)
• 46C Registrar-General may register as proprietor person who is entitled to land by operation of statute
• 47 Recording, variation and release of easements etc
47A. (Repealed)
• 48 Creation of cross-easements for party walls by plans on application
• 49 Cancellation of recordings of easements after abandonment, consolidation of tenements or release
50. (Repealed)
• 51 Interest and rights of transferor pass to transferee
• 52 Transfer of mortgage or lease transferee's right to sue
• 52A Mortgage of a mortgage or charge

Division 2 - Leases

• 53 Land under the provisions of this Act--how leased
• 54 Lease may be surrendered by execution of surrender in approved form
• 55 Registrar-General to note particulars of re-entry in Register
• 55A Registration of variation of lease
• 55B Dealings affecting common law leases

Division 3 - Mortgages, charges and covenant charges

• 56 Lands under this Act: how mortgaged or encumbered
• 56A Postponement of mortgages
• 56B Special provision as to certain postponements
• 56C Confirmation of identity of mortgagor
• 57 Procedure on default
• 58 Power to sell
• 58A Dispensing with notice or lapse of time
• 59 Registration of transfer by mortgagee, chargee or covenant chargee
• 60 In case of default, entry and possession, ejectment
• 61 Application for foreclosure order
• 62 Order for, and effect of, foreclosure
• 63 Suspension of mortgagor's rights as landlord
• 64 Mortgagee of leasehold entering into possession liable to lessor
• 65 Discharge of mortgages, charges and covenant charges
• 66 Recording of satisfaction of annuity etc
67. (Repealed) Divisions 4, 5 - (Repealed) None

PART 7A - CAVEATS

Division 1 - Interpretation

• 74A Definitions

Division 2 - Caveats against primary applications

• 74B Lodgment of caveats against primary applications
• 74C Caveats lodged under section 74B to lapse under certain circumstances
• 74D Caveator to have right to apply for an order extending the operation of the caveat
• 74E Powers of Registrar-General where caveator fails to prosecute proceedings to establish title to estate or interest claimed in caveat

Division 3 - Caveats against dealings, possessory applications, plans and applications for cancellation of easements or extinguishment of restrictive covenants

• 74F Lodgment of caveats against dealings, possessory applications, plans and applications for cancellation of easements or extinguishment of restrictive covenants
• 74G Registrar-General to enter particulars of caveat lodged under section 74F in Register
• 74H Effect of caveat lodged under section 74F
• 74I Lapse of caveat where dealing or delimitation plan is subsequently lodged for recording
• 74J Lapse of caveat on application of proprietor of estate or interest
• 74JA Lapse of caveat regarding extinguishment of restrictive covenant
• 74K Power of Supreme Court to extend operation of a caveat lodged under section 74F

Division 4 - Caveats generally

• 74L Strict compliance with formalities with respect to caveats not necessary
• 74LA Caveat lapses when order ceases to have effect
• 74M Withdrawal of caveats
• 74MA Application to Court for withdrawal of caveat
• 74N Service of notices on caveators for purposes of Part
• 74O Restrictions on lodgment of further caveats if earlier caveat lapses or is withdrawn
• 74P Compensation payable in certain cases
• 74Q Registrar-General not obliged to ensure that caveator is entitled to the subsisting estate or interest claimed in a caveat
• 74R Right to obtain injunction not affected

PART 7B - PRIORITY NOTICES

• 74S Interpretation
• 74T Lodgment of priority notices
• 74U Registrar-General to enter particulars of priority notice lodged under this Part
• 74V Period during which priority notice has effect
• 74W Effect of priority notice
• 74X Withdrawal and removal of priority notice
• 74Y Application to Supreme Court for withdrawal of priority notice
• 74Z Compensation payable in certain cases

PART 8 - IMPLIED COVENANTS AND INCORPORATED COVENANTS

• 75 General covenants to be implied in instruments
• 76 Transferee of land subject to mortgage etc to indemnify transferor
• 76A Additional implied covenants in respect of land in a qualified folio
77-79. (Repealed)
• 80 Implied covenants may be modified or negatived
• 80A Incorporation of provisions contained in memorandum or covenants in lease

PART 8A - EXTINGUISHMENT OF RESTRICTIVE COVENANTS

Division 1 - Preliminary

• 81 Definitions

Division 2 - Applications to have restrictive covenants extinguished

• 81A Registered proprietor of land may apply to have a restrictive covenant extinguished
• 81B Registrar-General may ask the registered proprietor for further information
• 81C Registrar-General must reject invalid application without further consideration

Division 3 - Right to be notified of application for extinguishment of restrictive covenant

• 81D Registrar-General must notify certain persons of application for extinguishment of restrictive covenant
• 81E Form of notice
• 81F Period of notice
• 81G Service of notice
• 81H Service of notice by person other than Registrar-General

Division 4 - Extinguishment of restrictive covenants

• 81I Registrar-General may extinguish a restrictive covenant after application made
• 81J Registrar-General may extinguish a restrictive covenant without receiving an application
• 81K Cancellation of recording of restrictive covenant
• 81L Effect of extinguishment

PART 9 - TRUSTS

• 82 No notice of trusts to be recorded in Register
• 83 Dedicated or reserved lands--trusts
• 84 Barring of survivorship among trustees in certain cases
• 85 Notice to be published before order
• 86 Recording of vesting order
• 87 Proceedings may be brought by person claiming beneficial interest in name of trustee

PART 10 - (Repealed)

PART 11 - TRANSMISSIONS

• 90 Transmission on bankruptcy
• 91 Disclaimer of lease under Commonwealth Act
92. (Repealed)
• 93 Transmission on death of proprietor
94, 95. (Repealed)
• 96 Trusts protected

PART 11A - SEARCHES

• 96A Definition
• 96B Access to the Register
• 96C Official search of manual folio
• 96D Official search of computer folio
• 96E Searches to disclose recordings on mortgages etc
96F. (Repealed)
• 96G Search of historical record
• 96H Authentication of official searches
• 96I Matters arising from official searches
• 96J Search fees

PART 12 - GENERAL PROVISIONS

• 97 Severance of joint tenancy by unilateral action
98, 99. (Repealed)
• 100 Registered co-tenants
• 101 Registration of survivor of joint proprietors
102, 103. (Repealed)
• 104 Approved forms
• 105 Recording of writ in Register
• 105A Effect of recording writ
• 105B Registration of transfer pursuant to sale under writ
• 105C Lapsing of writ in relation to land
• 105D Cancellation of recording of writ
• 106 Execution of instruments by corporations
• 107 Client authorisations
• 108 Reliance on, and repudiation of, signatures
109-113. (Repealed)
• 114 Registrar-General may require plan to be lodged
• 115 Certified copies to be furnished by Registrar-General and to be evidence
• 115A Certification of electronic instrument
• 116 Searches
• 117 Certificate of correctness
• 117A Registrar-General's requisitions

PART 13 - CIVIL RIGHTS AND REMEDIES

Division 1 - Proceedings for the possession or recovery of land

• 118 Registered proprietor protected except in certain cases
• 119 Defendant's entitlements where improvements have been made

Division 2 - Proceedings for compensation

• 120 Proceedings for compensation

Division 3 - Review of Registrar-General's actions

• 121 Administrative review of decisions of Registrar-General
• 122 Review of decisions by Supreme Court
• 123 Applicant may state case for Supreme Court
• 124 Application to Supreme Court for directions
• 125 Orders as to costs

Division 4 - General

• 126 Registrar-General may intervene in certain proceedings
• 127 Barring of actions where claimant on notice

PART 14 - THE TORRENS ASSURANCE FUND

Division 1 - Preliminary

• 128 Definitions

Division 2 - Compensation generally

• 129 Circumstances in which compensation payable
• 129A Limits on amount recoverable generally
• 129B Limits on amount recoverable in respect of mortgage obtained by fraud
• 130 Minister may direct ex gratia payments from Torrens Assurance Fund

Division 3 - Administrative proceedings

• 131 Administrative proceedings for recovery of compensation

Division 4 - Court proceedings

• 132 Court proceedings for the recovery of compensation

Division 5 - Miscellaneous

• 133 Subrogation of rights to claim compensation
• 133A Repayment of certain amounts
• 134 Torrens Assurance Fund
134A. (Repealed)
• 135 Registrar-General may settle claims

PART 14A - BOUNDARY DETERMINATIONS

• 135A Definition of "owner"
• 135B Application may be made for boundary determination
• 135C Boundaries to which Part applies
• 135D Requirements for application
• 135E Notice of application to be given to certain persons
• 135F Procedure in determining boundaries
• 135G Determination of other boundaries
• 135H Basis of determination
• 135I Notice of determination of boundary
• 135J Appeals to Land and Environment Court
• 135K Noting of boundary on plans etc
• 135L Effect of boundary determination
• 135M Delegation
• 135N Application of provisions where land has more than one owner
• 135O Owners may agree to dispense with certain requirements
• 135P Failure to notify does not affect validity of determination
• 135Q Service of notices

PART 15 - CANCELLATION AND CORRECTION OF INSTRUMENTS

• 138 Court may direct cancellation of folios and other actions related to folios
• 138A Registrar-General may take steps to rectify Register in case of fraud

PART 16 - PRACTICE AND PROCEDURE

• 139 Rules of court and rights of appeal applicable to proceedings under Act
140. (Repealed)

PART 17 - CRIMINAL PROVISIONS

• 141 Certain fraudulent acts to be deemed indictable offences
• 142 Conviction not to affect civil remedy
• 143 Prosecutions and recovery of penalties

PART 18 - REGULATIONS

• 144 Regulations
• 144A Fixing of fees etc for new services under relevant Acts

PART 19 - MISCELLANEOUS

• 145 Savings and transitional provisions
• 146 Exclusion of personal liability
• SCHEDULE 1
• SCHEDULE 2
• SCHEDULE 3