South Australian Consolidated Acts South Australian Consolidated Acts (1) In the
construction and for the purposes of this Act, and in all instruments made or
purporting to be made thereunder, the following terms shall, so far as not
inconsistent with the context or subject, and except when such context or
subject or the other provisions hereof require a different construction, have
the respective meanings hereinafter assigned to them, that is to say—
"allotment" includes—
(a) a
community lot, a development lot and common property created by division under
the Community Titles Act 1996 ; and
(b) a
unit and common property created by division under the Strata Titles
Act 1988 ;
"appropriate form" means a form approved by the Registrar-General;
"the Assurance Fund" means the Real Property Act Assurance Fund constituted
under this Act;
"caveatee" shall mean any person against whose application for any purpose a
caveat has been lodged, and shall include the registered proprietor of any
land in respect of which a caveat has been lodged;
"caveator" shall mean any person lodging a caveat;
"certificate" shall mean a certificate of title issued under any of the Real
Property Acts, or any grant from the Crown issued after the passing of the
Real Property Act No. 15 of 1857 and before the commencement of the Real
Property (Witnessing and Land Grants) Amendment Act 1995 , and shall
extend to and include all plans and entries thereon;
"Court" means—
(a) the
Supreme Court; and
(b) in
sections 52, 64, 71, 80, 87, 105, 108, 110, 142A, 165, 166 and 167 of
this Act includes any other court or tribunal constituted under the law of
this State or the Commonwealth; and
(c) in
section 191 and Part 17 includes the District Court;
"dealing" shall mean any instrument or matter, whereby any land or the title
to any land can be affected, or dealt with;
"document of title" shall mean and include every document evidencing or
relating to the title of any land not under the provisions of any of the Real
Property Acts;
"dominant land" shall mean any land having a right-of-way or other easement
appurtenant thereto or annexed to the ownership thereof;
"easement" includes a profit àprendre;
"encumbrancee" shall mean the registered proprietor of an encumbrance;
"encumbrancer" shall mean the registered proprietor of land subject to an
encumbrance;
"instrument" shall mean and include every document capable of registration
under the provisions of any of the Real Property Acts, or in respect of which
any entry is by any of the Real Property Acts directed, required, or permitted
to be made in the Register Book;
"instrument of title" shall mean and include every instrument evidencing or
relating to the title to any land under the provisions of any of the Real
Property Acts;
"land" shall extend to and include all tenements and hereditaments corporeal
and incorporeal of every kind and description, and every estate and interest
in land;
"lessee" shall mean the registered proprietor of a lease;
"lessor" shall mean the registered proprietor of land subject to a lease;
"mentally incapacitated person" has the same meaning as in the
Guardianship and Administration Act 1993 ;
"mortgagee" shall mean the registered proprietor of a mortgage;
"mortgagor" shall mean the registered proprietor of land subject to a
mortgage;
"proprietor" shall mean any person seized or possessed of, or entitled to
land;
"registered proprietor" shall mean any person appearing by the Register Book,
or by any registered instrument of title to be the proprietor of any land;
"servient land" shall mean land subject to any easement;
"statutory assignment" shall mean any deed assigning a debtor's estate for the
benefit of his creditors, executed under or in pursuance of Division 6 of The
Insolvent Act 1860 , or any other Act;
"the Real Property Acts" shall mean the Real Property Act (No. 15 of
1857), The Real Property Law Amendment Act (No. 16 of 1858), the
Real Property Act of 1860 (No. 11 of 1860), the Real Property Act
of 1861 (No. 22 of 1861), the Real Property Act Amendment Act
of 1878 (No. 128 of 1878), the Rights-of-Way Act 1881
(No. 223 of 1881), and this Act;
"transmission" shall mean the passing of title to land in any manner other
than by transfer.
(2) The description of
any person as proprietor, transferor, transferee, mortgagor, mortgagee,
caveator, caveatee, encumbrancer, encumbrancee, lessor, lessee, or trustee, or
as seized of, having, or taking any estate or interest in land shall be deemed
to extend to and include the heirs, executors, administrators, and assigns of
such person.