Tasmanian Consolidated Acts Tasmanian Consolidated Acts
(1) In this Act, except in so far as the context or subject matter otherwise indicates or requires –
"approved form" means a form approved by the Recorder under section 169A;
"Assistant Recorder of Titles" means an Assistant Recorder of Titles appointed pursuant to section 4(3A);
"assurance fund" means the assurance fund referred to in section 150;
"caveator" means the person by whom or on whose behalf a caveat has been lodged;
"dealing" means any document in writing (other than a grant) which is registrable or capable of being made registrable under this Act or in respect of which any recording in the Register is by this or any other Act required or permitted to be made and includes a priority notice, but for the purposes of Part IX does not include a caveat or a withdrawal of a caveat;
"Deputy Recorder" means the Deputy Recorder of Titles appointed pursuant to section 4(3);
"duplicate registered dealing" means the duplicate of a registered dealing delivered pursuant to section 48(6);
"encumbrance" means 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;
"encumbrancee" means the proprietor of an encumbrance;
"encumbrancer" means the registered proprietor of land subject to an encumbrance;
"forestry right" has the meaning assigned to that expression in the Forestry Rights Registration Act 1990;
"grant" means the grant of any land of the Crown;
"instrument" includes any grant, certificate of title, conveyance, assurance, deed, map, plan, will, probate, or exemplification of will or probate, or any other document in writing relating to the disposition, devolution, or acquisition of land or evidencing title to land;
"land" includes –(a) messuages, tenements and hereditaments, corporeal and incorporeal, of every kind and description (whatever may be the estate or interest in them), together with all paths, passages, ways, waters, watercourses, liberties, privileges, easements, plantations, gardens, mines, minerals and quarries and all trees and timber on land or lying or being under land; and
(b) any structure which is above land but permanently anchored to, or otherwise kept in place above, the land;
"legal practitioner" means an Australian legal practitioner;
"lessee" means the registered proprietor of a lease;
"lessor" means the registered proprietor of the reversion immediately expectant upon the expiration of a registered lease;
"mortgage" means any charge on land created merely for securing a debt;
"mortgagee" means the proprietor of a mortgage;
"mortgagor" means the registered proprietor of land subject to a mortgage;
"proclaimed date" means the date fixed by proclamation under section 2(2);
"proprietor" means any person seised or possessed of any estate or interest in land at law or in equity, in possession, in futurity, or in expectancy;
"public record" means a public record referred to in section 36;
"qualified title" means a folio of the Register on which is recorded a caution in accordance with section 21(2);
"Recorder" means the Recorder of Titles appointed pursuant to section 4(1);
"Register" means the register of title referred to in section 33;
"registered" means registered under this Act or any of the Acts specified in Schedule 2;
"registered land" means land which is subject to this Act;
"registered proprietor" means any person appearing by a folio of the Register, or by any registered dealing, to be the proprietor of any estate or interest in registered land;
"repealed Act" means the Real Property Act 1862;
"transfer" means the passing of any estate or interest in land under this Act, whether for valuable consideration or otherwise;
"transmission" means the acquisition of title to, or an interest in, land, consequent on the death, will, intestacy, or bankruptcy of a proprietor.
(2) The describing of any person as owner, proprietor, transferor, transferee, mortgagor, mortgagee, encumbrancer, encumbrancee, lessor, or lessee, or as seised of or having or taking any estate or interest in any land, shall include the executors, administrators, and assigns of that person.