New South Wales Consolidated Acts

REAL PROPERTY ACT 1900 - SECT 3

3 Definitions

(1) In the construction and for the purposes of this Act, and in all instruments purporting to be made or executed thereunder (if not inconsistent with the context and subject matter):

(a) the following terms shall bear the respective meanings set against them:
"Approved form" -Form approved by the Registrar-General for the purposes of the provision of this or any other Act in relation to which the expression is used.
"Caveator" -The person by whom or on whose behalf a caveat has been lodged under the provisions of this Act, or any enactment hereby repealed.
"Charge" -Any charge on land created for the purpose of securing the payment of an annuity, rent-charge or sum of money other than a debt.
"Chargee" -The proprietor of a charge.
"Charger" -The proprietor of land or of an estate or interest in land that is subject to a charge.
"Computer folio" -A folio of the Register that is not a manual folio.
"Computer folio certificate" -A certificate issued under section 96D.
"Consular officer" -Consul-general, consul, and vice-consul, and any person for the time being discharging the duties of consul-general, consul, or vice-consul.
"Covenant charge" -Any charge on land created under section 88F of the Conveyancing Act 1919 for securing the payment of money.
"Covenant chargee" -The proprietor of a covenant charge.
"Covenant charger" -The proprietor of land or of any estate or interest in land subject to a covenant charge.
"Dealing" -Any instrument other than a grant or caveat which is registrable or capable of being made registrable under the provisions of this Act, or in respect of which any recording in the Register is by this or any other Act or any Act of the Parliament of the Commonwealth required or permitted to be made.
"Duplicate registered dealing" -The duplicate of a registered dealing directed to be delivered by section 36 (10) and any instrument recorded under section 39A (2) (a).
"Easement in gross" -An easement without a dominant tenement created pursuant to the provisions of section 88A or 88B of the Conveyancing Act 1919 or acquired by the Commonwealth in exercise of authority conferred by any Act of the Parliament of the Commonwealth.
"Fraud" -Fraud includes fraud involving a fictitious person.
"Grant" -Any Crown grant of land.
"Instrument" -Any grant, certificate of title, conveyance, assurance, deed, map, plan, will, probate, or exemplification of will, or any other document in writing relating to the disposition, devolution or acquisition of land or evidencing title thereto.
"Land" -Land, messuages, tenements, and hereditaments corporeal and incorporeal of every kind and description or any estate or interest therein, together with all paths, passages, ways, watercourses, liberties, privileges, easements, plantations, gardens, mines, minerals, quarries, and all trees and timber thereon or thereunder lying or being unless any such are specially excepted.
"Licensed conveyancer" means the holder of a licence in force under the Conveyancers Licensing Act 2003 .
"Limited folio" -A folio of the Register that includes a recording under section 28T (4) that has not been cancelled.
"Manual folio" -A folio of the Register maintained by the Registrar-General wholly in the form of a document in writing.
"Mortgage" -Any charge on land (other than a covenant charge) created merely for securing the payment of a debt.
"Mortgagor" -The proprietor of land or of any estate or interest in land pledged as security for the payment of a debt.
"Mortgagee" -The proprietor of a mortgage.
"Ordinary folio" -A folio of the Register that is neither a limited folio nor a qualified folio.
"Plan of survey" -A formal land survey plan within the meaning of the Surveying Act 2002 .
"Possessory applicant" -Person who makes a possessory application.
"Possessory application" -Application under section 45D.
"Primary applicant" -Person who makes a primary application.
"Primary application" -Application to bring under the provisions of this Act land that is not subject to those provisions.
"Proprietor" -Any person seised or possessed of any freehold or other estate or interest in land at law or in equity in possession in futurity or expectancy.
"Qualified folio" -A folio of the Register in which is recorded a caution under section 28J that has not been cancelled.
"Regulations" -The regulations made under this Act.
"The Register" -The Register required to be maintained by section 31B (1).
"Torrens Assurance Fund" -The Torrens Assurance Fund established under section 134.
"Transfer" -The passing of any estate or interest in land under this Act whether for valuable consideration or otherwise.
"Transmission" -The acquirement of title to or interest in land consequent on the death, will, intestacy or bankruptcy of a proprietor.
"Writ" -A writ for the levy of property within the meaning of Part 8 of the Civil Procedure Act 2005 , including any such writ issued pursuant to an Act of the Commonwealth.

Note: See, for example, section 77M of the Judiciary Act 1903 of the Commonwealth and other similar provisions of Commonwealth legislation.

(b) The describing any person as a proprietor, transferor, transferee, mortgagor, mortgagee, charger, chargee, lessor, or lessee, or as seised of having or taking any estate or interest in any land shall be deemed to include the executors, administrators, and assigns of such person.

(c) A reference:

(i) to a certificate of title includes a reference to a grant, and

(ii) to the issue of a certificate of title includes a reference to the issue of a grant after it has been registered under this Act.

(d) A reference to recording includes a reference to amending, cancelling or deleting.

(e) A reference to a caveator includes a reference to any person who claims through or under the caveator and also includes a reference to any person other than the caveator who, by virtue of section 74M (1), is authorised to withdraw the caveat which was lodged by the caveator.

(f) A reference to an office copy of an order, judgment or injunction made, given or granted by a court is a reference to a copy of that order, judgment or injunction certified as such an office copy by the proper officer of the court.

(2) A reference in this or any other Act to a recording in a folio of the Register includes a reference to a recording in the Register with respect to that folio.

(3) Notes in the text of this Act do not form part of this Act.