REAL PROPERTY ACT 1886
Table of Provisions
PART 1--Preliminary
- 1 Short title
- 3 Interpretation
- 4 Repeal
- 5 Savings
- 6 Laws inconsistent not to apply
- 6A Effect of section 6
7. Lands under previous Acts to be under this Act
- 8 Land not to be withdrawn
PART 2--Objects of this Act
- 10 Objects
- 11 Construction
PART 3--The Lands Titles Registration Office
- 12 Lands Titles Registration Office to be at Adelaide
- 13 Administration of Act
- 16 Exercise of powers of Registrar-General
- 17 Delegation
- 19 Solicitor not to engage in private practice
- 21 Seal of office
- 22 Fees etc
- 23 Accounts of Registrar-General and payment of moneys
- 23A Payment of moneys received in trust
- 24 Registrar-General not to be liable for acts done bona fide
PART 4--The bringing of land under the Act
- 25 Land in two classes
- 26 Land on alienation from Crown to be under Act
- 27 Lands granted prior to the day on which this Act comes into operation may be brought into operation under this Act
- 28 Undivided shares and mortgaged land may not be brought under Act except upon conditions
- 29 Provisions as to surrender of documents etc
- 30 Statements to be verified by declaration
- 31 Application, how to be dealt with
- 32 Titles in three classes
- 33 Procedure under second class
- 34 Procedure under third class
- 35 Notice of application to be published
- 36 Second and third classes brought under this Act
- 37 How land to be brought under Act
- 38 Action to be taken on return of notices or failure of personal service
- 39 Caveat against bringing land under Act
- 40 If caveat be received within time limited, proceedings stayed
- 41 Applicant may withdraw his application
- 42 Documents of title, if they include other property, to be returned to applicant
- 43 Certificate to issue in name of deceased applicant proprietor or his nominee
- 44 Proceedings under caveat
- 45 Lapse of caveat
- 46 Reversion expectant on lease not to be extinguished
PART 5--Registration of title
Division 1--Registration of title in the Register Book
Division 2--Registration of title by other methods
Division 2A--Boundaries of registered land
Division 3--General
PART 7--Certificates of title
PART 7A--Title by possession to land under this Act
PART 8--Easements
PART 9--Crown leases
- 90G Interpretation
- 91 Interpretation of Crown lease
- 92 Person now holding under lease or agreement may surrender
- 93 Execution and registration of Crown Lease
- 94 Forfeiture etc of Crown Lease
- 95 Indefeasibility of title under Crown lease
- 95A Evidentiary
- 95B Operation of Part in relation to Crown leases and other instruments subject to other Acts
PART 10--Transfers
- 96 Transfers
- 96AA Creation of easements by reservation
- 97 Transferee of land subject to mortgage or encumbrance to indemnify transferor
- 102 Memorial of order for sale of land for non-payment of rates
- 103 Registration of transfer hereunder
- 104 Discharge of memorial
- 105 Sale under writ of fieri facias or decree, warrant or order of court
- 106 Transfer not to be valid against purchaser until entry of writ
- 107 Transfer on sale under writ, warrant, decree or order
- 109 Satisfaction of writ, warrant, decree, or order
- 110 Lapse of writ, decree, warrant, or order
- 111 Transfer by registered proprietor to spouse etc
- 115A Issue of certificate where land is vested by operation of law
PART 11--Leases and surrenders
- 116 Leasing of land
- 117 Contents of lease
- 118 Leases not to bind non-consenting mortgagees or encumbrancees
- 119 Lease for 1 year need not be registered
- 119A Standard terms and conditions of lease
- 120 Lease may be surrendered by separate instrument
- 121 Registrar-General may record surrender
- 122 Effect of entry of surrender
- 123 Surrender where lease subject to mortgage or under-lease
- 124 Covenants to be implied in every lease against the lessee
- 125 Powers to be implied in lessor
- 126 Registrar-General to note particulars of re-entry in Register Book
PART 12--Mortgages, encumbrances, and discharges
- 128 Mortgage of land
- 128A Obligations of mortgagee
- 128B Encumbrance of land
- 129 Contents of mortgage or encumbrance
- 129A Standard terms and conditions of mortgage or encumbrance
- 130 Covenant to be implied in every mortgage
- 130A Implied covenant in encumbrance
- 131 Subsequent mortgagees or encumbrancees, may redeem prior mortgages etc
- 132 Nature of mortgage and encumbrance, and procedure in case of default
- 133 Power of sale
- 134 Mortgagee's receipt to discharge purchaser
- 135 Appropriation of proceeds
- 135A Mode of payment of encumbrance
- 136 Transfer upon sale by mortgagee or encumbrancee
- 137 Power of mortgagee to enter, take possession, distrain, let, or bring action for recovery of land
- 138 Power of mortgagee to distrain on tenant or occupier for arrears not exceeding the amount of rent due
- 139 Duty of mortgagee of leasehold entering into possession of rent and profits to account
- 140 Application by mortgagee to Registrar-General for foreclosure
- 141 Procedure on foreclosure application
- 142 Effect of order for foreclosure
- 142A Provision for case where mortgagee or encumbrancee refuses to join in proceedings on default
- 143 Discharge of mortgages and encumbrances
- 144 Partial discharge of mortgage or encumbrance on grant of easement
- 145 Entry of satisfaction of annuity
- 146 Discharge of mortgage by Minister in certain cases
- 147 Cancellation of registration of mortgage by Registrar-General
- 148A Entry in Register Book where rights of mortgagee barred by Statute
- 150 Transfer of mortgage, lease and encumbrance
- 151 Effect of such transfer
- 152 Covenants implied in transfer of lease
- 152A Obligation of transferee if mortgage transferred
PART 13--Extensions
- 153 Renewal or extension of mortgage etc
- 153A Requirements for renewal or extension of mortgage
- 153B Obligations of mortgagee
PART 13A--Priority notices
PART 14--Powers of attorney
- 155 Power of attorney
- 156 Deposit of duplicate or attested copy
- 157 Revocation of power of attorney
- 158 Power of attorney heretofore given
- 159 Entry of death of grantor
- 160 Instruments executed before entry of revocation or death to be valid
- 160A Note of revocation or death may be made on electronic copy of power of attorney
- 161 Trusts contained in grant from the Crown to be inserted in certificate as in original grant
- 162 No particulars of trust to be entered in Register Book but trust instrument may be deposited
- 163 Insertion of the words "with no survivorship in instruments
- 164 Trustees may authorise insertion of "with no survivorship"
- 165 Effect of record
- 166 Court may direct notice to be published before order is made
- 167 Court may protect persons interested
- 168 Survivors may perform duties or transfer to new trustees
- 169 Disclaimers
- 170 Transmission by bankruptcy or statutory assignment
- 171 Transmission to be recorded in Register Book
- 172 Proceedings in case assignment declared void
- 173 Bankruptcy or assignment of lessee
- 174 Entry of surrender or foreclosure not to prejudice cause of action
- 175 Transmission of estate of deceased persons
- 176 Application to be made in such case
- 177 Particulars of application to be recorded
- 178 Effect of such entry
- 179 Where 2 or more executors or administrators, all must concur
- 180 Person registered in place of deceased, bankrupt, or assigning proprietor, to be proprietor of land for purpose of dealing
- 181 Proceedings when executor etc refuse to transfer
- 182 Court may order transfer to person entitled
- 183 Court may decide question of title etc
- 184 Order of Court vesting land
- 185 Action may be brought by person claiming beneficial interest in name of trustee
- 186 Purchases from registered proprietor not to be affected by notice
- 187 Except in case of fraud
- 188 Registration of survivor of joint proprietors, and of remainder-man entitled to estate in possession
PART 16--Caveats
PART 17--Ejectment
- 192 Summons to give up possession
- 193 Summons to contain description of land
- 194 Orders on non-appearance to summons
- 195 Orders on appearance to summons
- 196 Dismissal of summons not to prejudice other rights
- 197 Effect of order for possession
- 198 Writ of habere facias unnecessary where no one is in possession, or the land is surrendered voluntarily
- 199 Existing rights preserved
PART 18--The Assurance Fund
- 201 The Assurance Fund
- 203 Party deprived of land may sue for compensation
- 204 Exoneration of proprietor after transfer for value, except in certain cases
- 205 Proceedings against the Registrar-General, as nominal defendant
- 207 Purchasers etc protected
- 208 Proceedings against the Registrar-General as nominal defendant
- 209 Value of buildings to be excluded
- 210 Persons claiming may, before taking proceedings, apply to the Registrar-General for compensation
- 210A Value of land determined by market value
- 210B Registrar-General may use Fund money
- 211 Assurance Fund not liable for breach of trust or improper exercise of power of sale
- 212 Nor for misdescription of boundaries or parcels except in certain cases
- 213 Procedure upon, and enforcement of claims against the Assurance Fund
- 214 Proceedings where same land is included in two or more grants from the Crown. Assurance Fund not liable in such case
- 215 Limitation of actions
- 216 Court to have regard to contributory negligence
- 217 Payments out of Assurance Fund to be deemed made on account of certain persons
- 218 Moneys paid out of the Assurance Fund may be recovered
- 219 Judgment may be entered by Registrar-General for amount paid on account of absent persons
PART 19--Special powers and duties of Registrar-General
- 220 Powers of Registrar-General
- 220A Registrar-General may require production or verification of documents or information
- 221 Reviews
- 223 Registrar-General may refer question of law
PART 19A--Rectification of certificates
- 223A Applications for amendment
- 223B Notices to be given
- 223C Power of Registrar-General to reject
- 223D Caveats
- 223E Grant of application
- 223F Alterations of certificate in bringing land under this Act
- 223G Amendment of title
- 223H Notice of amendment of title
- 223J Rectification by consent
- 223K Saving of other powers
- 223L Operation of corrections
PART 19AB--Division and amalgamation of allotments
Division 1--Preliminary
Division 2--General procedures to be observed in relation to division of land
- 223LD Application for division
- 223LDA Application may deal with statutory encumbrances
- 223LE Deposit of plan of division in Lands Titles Registration Office
- 223LF Streets, roads etc
- 223LG Service easements
- 223LH Consent to plans of division
- 223LI Assessment of stamp duty
Division 3--Amalgamation
Division 5--Miscellaneous provisions
PART 20--Procedure and penalties
- 226 Forms of summons by Registrar-General
- 227 On refusal or neglect of person summoned, Registrar-General may apply to Judge
- 228 Declarations
- 229 Offences
- 230 Perjury
- 232 Certifying incorrect documents
- 232A Offences relating to verification of identity
- 232B Offences relating to verification of authority
- 233 Other offences
- 234 Certificate etc procured by fraud to be void
- 240 Conviction not to affect civil remedy
PART 20A--Client authorisation
PART 21--Miscellaneous
- 241 Plans and maps
- 242 Diagrams of land in certificates of title
- 242A Cases where measurements not required
- 244 Provision for person under disability of infancy or mental incapacity
- 245 Court may appoint guardian
- 246 Unregistered instruments to confer claim to registration
- 247 Informal documents may be registered
- 248 Memorial to be entered
- 249 Equities not abolished
- 250 Lis pendens not to be registered
- 251 No title by adverse possession
- 252 Corporations and district councils to furnish Registrar-General with plans of new streets etc
- 253 Surveyor-General to furnish Registrar-General with particulars of orders confirming opening of new roads etc
- 254 Alteration of plans
- 255 Confused boundaries
- 258 Reference to Real Property Acts
- 259 General powers of Court not affected
- 260 Valuable consideration may be proved by prior instruments
- 261 General covenants to be implied in instruments
- 262 Implied powers and covenants may be modified or negatived
- 263 In action for breach, party may be proceeded against as if he had covenanted in express words
- 264 Implied covenants to be joint and several
- 265 Short forms of covenants in mortgages and leases
- 266 Short form for expressing exception of mines and minerals
- 267 Witnessing of instruments
- 268 Improper witnessing
- 270 Execution of instrument by corporation
- 273 Authority to register
- 273AA Proof of authority of unrepresented parties to enter into transaction
- 273A Verification of identity requirements
- 273B Verification of authority guidelines
- 274 Solicitors and conveyancers to be generally entitled to recover fees for work done under this Act
- 275 Forms in Schedules
- 276 Service of notices
- 276A Evidence of instruments lodged electronically
- 277 Regulations