Victorian Consolidated Legislation

Transfer of Land Act 1958 - SECT 4

Definitions

4. Definitions



(1) In this Act unless inconsistent with the context or subject-matter-



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annuity means a sum of money payable periodically and charged on land under
the operation of this Act by an instrument of charge;

approved form means, subject to section 121, a form approved by the Registrar
for the purposes of the provision in which the expression appears;



approved or registered in relation to a plan, means approved or registered by
the Registrar under any Act;





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bankruptcy includes liquidation by arrangement and any other Act or proceeding
in law having results similar to those of bankruptcy; and bankrupt has a
corresponding interpretation; and trustee in relation to bankruptcy includes
the official receiver or a trustee or assignee in bankruptcy;

building subdivision means-

   (a)  the subdivision of a building or buildings in accordance with a plan
        of subdivision approved by the Registrar pursuant to this Act; or

   (b)  a strata subdivision of land a plan of which has been approved by the
        Registrar pursuant to this Act;

computer means a device for storing or processing information;

computer print-out means a document that-

   (a)  is-

   (i)  a record of; or

   (ii) an extract from; or

   (iii) derived from-
information stored in, or processed by, a computer; and

   (b)  is produced by a computer, or a series or combination of computers,
        directly or (with or without human intervention) with the aid of other
        equipment;

conversion scheme means a procedure for bringing land under this Act set out
in section 13, 14 or 15; conveyancer means a licensee under the
Conveyancers Act 2006;





Court means the Supreme Court and, in relation to land the value of which does
not exceed the jurisdictional limit of the County Court, the Supreme Court or
the County Court;





Crown grant means the grant by Her Majesty of land whether in fee or for
years;

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electronic instrument means an instrument that is an electronic communication
within the meaning of the Electronic Transactions (Victoria) Act 2000;
electronic lodgement network means the electronic lodgement network referred
to in section 44B;

encumbrance in respect of any land includes any estate interest mortgage
charge right claim or demand which is or may be had made or set up in to upon
or in respect of the land;

entitled person means a person who is entitled under section 10 to have land
brought under this Act;

folio of the Register means a folio of the Register under section 27;



grantor in relation to an annuity means the proprietor of land charged with
the payment of an annuity;

identified folio means a folio of the Register created pursuant to section
26E;

instrument includes every document registered or capable of registration under
this Act or in respect of which any recording is, by this Act or any other
Act, directed, required or permitted to be made in the Register;

land includes any estate or interest in land but does not include an interest
in land arising under the
Mineral Resources (Sustainable Development) Act 1990;

legal practitioner means an Australian legal practitioner within the meaning
of the Legal Profession Act 2004;



legal practitioner's certificate means a certificate under section 16;





licensed surveyor has the same meaning as in the Surveying Act 2004;





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manual folio means a folio of the Register that is wholly in writing;

ordinary folio means a folio of the Register that is not a provisional folio
or an identified folio;



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proprietor means any person seised or possessed of or entitled to any estate
or interest in land and includes any person who is the donee of a power to
appoint or dispose thereof;

provisional folio means a folio of the Register on which there is recorded-

   (a)  a warning in the form of Part III of the Fifth Schedule; or

   (b)  a warning in the form of Part IV of the Fifth Schedule; or

   (c)  a warning in the form of Part III of the Fifth Schedule and a warning
        in the form of Part IV of the Fifth Schedule; or

   (d)  a warning in the form of Part IV of the Fifth Schedule and a warning
        in the form of Part V of the Fifth Schedule; or

   (e)  a warning in the form of Part V of the Fifth Schedule;

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record of dealings means the record of dealings under section 27C;



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recorded common provision means a provision in a memorandum retained by the
Registrar pursuant to section 91A;



registered proprietor means any person appearing by the Register (other than
an identified folio) or by any registered instrument to be the proprietor of
any estate or interest in land;

Registrar means the Registrar of Titles under this Act and includes any Deputy
Registrar of Titles and any Assistant Registrar of Titles;



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reproduction includes a reproduction within the meaning of section 53 of the
Evidence Act 1958;

residual land means-

   (a)  in respect of a building subdivision other than a strata subdivision,
        all the land comprised in the subdivision which is not included in any
        of the several stratum estates; or

   (b)  in respect of a strata subdivision, so much of the land shown on a
        plan of strata subdivision as is for the time being described by
        legend or otherwise as common property.

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seal of the Office of Titles means the seal described in section 6(2);



search of title means a search under section 26J;





service company, in respect of a building subdivision, means a company or
other body corporate which was or is formed or incorporated or which operates
or is intended to operate for the purpose of carrying out the common purposes
of the proprietors of the several stratum estates in the subdivision
including, without limiting the generality of the foregoing, the provision of
common services, the maintenance repair and insurance against fire of the
building or buildings as a whole and the control and maintenance of the
residual land but does not include an owners corporation within the meaning of
the Owners Corporations Act 2006;

service agreement, in relation to a building subdivision, means an agreement
entered into or to be entered into by the proprietor of a stratum estate in
the subdivision and the service company as to their respective rights and
obligations in relation to or in connexion with any of the purposes referred
to in the interpretation of "service company";

sheriff includes the sheriff and any deputy sheriff or person appointed to
execute any process of execution under any Act of the Victorian Parliament or
of the Parliament of the Commonwealth of Australia;

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specified dealing, in Part II, means-

   (a)  an instrument of transfer of land in an appropriate approved form; or

   (b)  a conveyance in fee simple of land; or

   (c)  a mortgage in fee simple of land; or

   (d)  a mortgage of the equity of redemption in land; or

   (e)  an assignment of a possessory interest in land (whether or not that
        land can be lawfully dealt with in accordance with section 8A of the
        Sale of Land Act 1962 without being subdivided)- but does not include
        a reconveyance or a conveyance in the nature of a discharge of
        mortgage;

strata subdivision means a subdivision of land by sale transfer or partition
into two or more units or into two or more units and common property whether
or not any unit is on the same level as any other unit; and subdivide in
strata has a corresponding meaning;

stratum means a part of land consisting of a space of any shape below, on, or
above the surface of the land, or partly below and partly above the surface of
the land, all the dimensions of which are limited; and "strata" is the plural
of "stratum";

stratum estate means-

   (a)  an estate in fee-simple in an allotment in a building subdivision
        above or below or between certain levels such allotment being a part
        of a building or parts of a building or buildings (together with any
        land surrounding or adjacent thereto) intended for separate
        occupation; or

   (b)  an estate in fee-simple in a unit;

subsisting interest, in Part II, in relation to land, means-

   (a)  an estate or interest in land that was in existence at the date on
        which a provisional folio or identified folio of the Register was
        first created for the land under Division 3 of that Part; or

   (b)  any interest by prescription that was in existence or being acquired
        at that date;

survey has the same meaning as in the Surveying Act 2004;





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transmission means the acquiring of any estate or interest in land consequent
on the death will intestacy or bankruptcy of a registered proprietor;

unit means a stratum which is shown as a unit on a plan of strata subdivision
approved by the Registrar pursuant to section 97 and includes a unit specified
as an accessory unit on any such plan; and

accessory unit means a unit intended for separate ownership and use with any
other unit or units as a garden, garage, car-parking space, storage space,
swimming pool, laundry, stairway or passage, utility space, or for any other
like purpose or partly for one and partly for any other like purpose.

(2) In and for the purposes of this Act unless inconsistent with the context
or subject-matter any description of or reference to any person as proprietor
transferor transferee mortgagor mortgagee annuitant grantor caveator lessor or
lessee or as seised of or having or taking any estate or interest in land
shall extend to his executors administrators successors transferees and
assigns to the intent that every right power authority liability or obligation
vested in or imposed on any such person by or under this Act shall devolve
upon any such executor administrator successor transferee or assign.

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