REAL PROPERTY ACT 1886

South Australian Consolidated Acts

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REAL PROPERTY ACT 1886

TABLE OF PROVISIONS

Long Title

PART 1--Preliminary

1. Short title
3. Interpretation
4. Repeal
5. Savings
6. Laws inconsistent not to apply
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 Land not to be withdrawn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. Officers for administration of this Act
14. Acting Registrar-General
15. Acting Deputy Registrar-General
16. Exercise of powers of Registrar-General
18A. Delegation by Registrar-General
19. Solicitor not to engage in private practice
21. Seal of office to be received in evidence
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

47. Registration of title in the Register Book
48. Certificates to be in duplicate
49. Folios in Register Book
51. Requirements of memorial
51A. Evidentiary

Division 2--Registration of title by other methods

51B. Registration of title electronically etc
51C. Issue of certificate of title
51D. Evidentiary

Division 2A--Boundaries of registered land

51E. Coordinated cadastre

Division 3--General

52. Endorsement of record of registration
53. Retention of records
54. Form of instruments
55. Instruments
56. Priority of instruments
56A. Registration
57. Effect of registration of instruments
58. Where 2 or more instruments presented at same time
59. Provision for registration in case of death of party executing instrument
60. Person to whom certificate or other instrument of title has been issued in error, or who wrongfully retains such instrument, may be summoned
61. Arrest of person refusing to deliver up instrument for cancellation or correction
62. Order for delivery of instrument
63. Orders for cancellation of instrument and alteration of Register Book
64. Powers of court to direct cancellation of certificate or entry
65. Search allowed
66. Conflict between original and duplicate certificate
66A. Lodgement of land grant

PART 6--The title of registered proprietors

67. Instruments not effectual until registration
68. Person named in certificate to be the registered proprietor
69. Title of registered proprietor indefeasible, except in cases of--
70. In other cases title of registered proprietor shall prevail
71. Saving of certain rights and powers viz
72. Knowledge of trust not evidence of want of bona fides

PART 7--Certificates of title

73. Certificate of title
74. Joint tenants and tenants in common
75. Certificates for remainder and reversions
76. Mode of inheritance or succession shall be implied
77. Memorials on certificates
78. Certificates in lieu of surrendered certificates
78A. Issue of new certificate on alteration etc
79. Substituted certificate etc
80. Issue of certificates of title

PART 7A--Title by possession to land under this Act

80A. Application for certificate based on possession
80B. Signature attestation and operation of application
80C. Application how dealt with
80D. Requisitions
80E. Notice of application
80F. Caveats
80G. Power to issue certificates
80H. Cancellation of instruments
80I. Fees

PART 8--Easements

81. Certificates may contain statement of right-of-way or other easement
82. Description of easement
83. Registered proprietor not to be subject to rights-of-way not mentioned in certificate
84. Easement not binding on registered proprietor subsequently acquiring land bona fide for value unless entered on certificate of title
85. Land to be held free of rights-of-way
86. Public rights-of-way etc not within this Act
87. Certificates heretofore issued conclusive evidence of right-of-way therein described
88. Entry as to easement to be made on original and duplicate certificates of title
89. Short form of describing right-of-way
89A. Incorporation of long forms of easements in instruments
90. Deposit of plan showing rights-of-way
90A. Application of sections 90B, 90C, 90D, 90E and 90F
90B. Variation and extinguishment of easements
90C. Easement and servient land may be vested in same person
90D. Survey of easement
90E. No private right-of-way over public street or road
90F. Easement subject to existing mortgage etc

PART 9--Crown leases

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. Not to give any greater effect than if this Act had not been passed. The Minister of Lands may make regulations

PART 10--Transfers

96. Transfers
96AA. Creation of easements by reservation
96A. Acceptance of transfer
97. Transferee of land subject to mortgage or encumbrance to indemnify transferor
98. On registration of transfer, grant or certificate to be cancelled
99. Unless whole of land transferred
100. New certificate to purchaser and balance certificate to registered proprietor
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
108. Production of duplicate instrument not required on transfer under decree or order, writ, or warrant
109. Satisfaction of writ, warrant, decree, or order
110. Lapse of writ, decree, warrant, or order
111. Transfer by registered proprietor to spouse etc
112. Dealings before issue of certificate
113. Deed-poll by promoters of undertakings under Lands Clauses Acts
114. Mode of registration of such deed-poll
115. This Act not to lessen effect of deed-poll heretofore or hereafter executed
115A. Issue of certificate where land is vested by operation of law

PART 11--Leases and surrenders

116. Lands, how leased
117. Contents of lease
118. Leases not to bind non-consenting mortgagees or encumbrancees
119. Lease for one year need not be registered
119A. Standard terms and conditions of lease
120. Lease may be surrendered by separate instrument
121. Registrar-General may enter 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. Lands, how mortgaged or encumbered
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
148A. Entry in Register Book where rights of mortgagee barred by Statute
149. Equitable mortgage may be created
150. Transfer of mortgage, lease and encumbrance
151. Effect of such transfer
152. Covenants implied in transfer of lease

PART 13--Extensions

153. Renewal or extension of mortgage etc

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

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 those words
165. Effect of entry
166. Court may direct notice to be published before order is made
167. Court may protect persons interested
168. Survivors may nevertheless perform duties or transfer to new trustees
169. Disclaimers
170. Transmission by bankruptcy or statutory assignment
171. Transmission to be entered 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

191. 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
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
221. Proprietor may summon Registrar-General to show cause, if dissatisfied
222. Hearing of summons
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. Amendments 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

223LA. Interpretation
223LB. Unlawful division of land
223LC. Application of this Part

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

223LJ. Amalgamation

Division 5--Miscellaneous provisions

223LP. Regulations

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, before whom to be made
229. Indictable offences under this Act
230. Perjury
232. Penalty for certifying incorrect documents
233. Other offences
234. Certificate etc procured by fraud to be void
240. Conviction not to affect civil remedy

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
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
277. Regulations
SCHEDULE 1--Transitional provisions
SCHEDULE 2--Application to bring land under the provisions of the Real Property Act 1886
SCHEDULE 3--Caveat forbidding lands to be brought under the Real Property Act 1886
SCHEDULE 5--A free and unrestricted right-of-way
SCHEDULE 6--Short forms of easements and their interpretation
SCHEDULE 16--Short forms of covenants and their interpretation
SCHEDULE 17--Short form of exception of mines and minerals and its interpretation
SCHEDULE 22--Summons by Registrar-General
Legislative history

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