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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  • 8 Land not to be withdrawn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

  • 51E Coordinated cadastre

Division 3--General

PART 6--The title of registered proprietors

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

PART 15--Trusts and transmissions

  • 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

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