New South Wales Consolidated Acts

REAL PROPERTY ACT 1900

- As at 29 November 2021 
- Act 25 of 1900 

TABLE OF PROVISIONS

           Long Title

   PART 1A - PRELIMINARY

   1.      Name of Act
   2.      Repeal of Acts
   3.      Definitions
   3A.     Application of Act to electronic form plans and other documents
   3B.     Arrangements for payment of fees

   PART 1 - ADMINISTRATION

   4.      Administration of Act
   4A.     Registrar-General--delegation and seal of office
   4B.     Deputy Registrars-General
           5-10. (Repealed)

   PART 2 - GENERAL POWERS OF REGISTRAR-GENERAL

   11.     Minister's directions
   12.     Powers of Registrar-General
   12A.    Power of Registrar-General to serve notice of proposed action
   12AA.   Notice to produce electronic form plans and other documents
   12B.    Mortgagee or mortgagor may be recorded as registered proprietor
   12C.    Recording of native title in Register
   12D.    Registrar-General's Guidelines
   12E.    Conveyancing rules
   12F.    Lodgment rules

   PART 3 - CROWN LANDS AND LANDS ACQUIRED FROM THE CROWN TO BE SUBJECT TO THE ACT

   13.     Application of this Part
   13A.    Bringing of purchases etc of Crown land under Act
   13B.    Bringing of perpetual leases of Crown land under Act
   13C.    Lodgment of instruments of lease for cancellation
   13D.    Bringing of other Crown land under Act
   13E.    Death of person before creation of folio
   13F.    Treatment of instruments not in approved form
   13G.    Recordings in Register
   13H.    Land that becomes Crown land
   13I.    Revocation of reserves
   13J.    Estate in land where the State is recorded as proprietor
   13K.    Conversions, purchases, extensions of term, subdivisions etc
   13KA.   Treatment of instruments affecting land dealt with under section 13K
   13L.    Execution of instruments in respect of land to which this Part applies
   13M.    Registration of instruments executed before creation of folio
   13N.    Restriction on creation of folios

   PART 4 - APPLICATIONS TO BRING LAND UNDER THE ACT AND PROCEEDINGS THEREON

           Division 1 - Applications

   14.     Application to bring land under the Act
   14A.    Consolidation with adjoining land in certain cases
   15.     Supreme Court may order production of deeds for purposes of application
   16.     (Repealed)

           Division 2 - Applications how dealt with

   17.     Creation of folio for land that is the subject of a primary application
           18-22. (Repealed)
   23.     Withdrawal of primary application

           Division 2A - Disposal of certain instruments

   23A.    Instruments of title, how to be dealt with

           Division 3 - (Repealed)
           None

   PART 4A - QUALIFIED FOLIOS OF THE REGISTER

   28A.    Definitions
   28B.    Qualified folio may be created on primary application
   28C.    Qualified folio may be created on subdivision
   28D.    Qualified folio may be based on registered deed
   28E.    Qualified folio may be created upon investigation by Registrar-General
   28EA.   Ordinary folio may be created in certain cases
   28F.    Qualified title for holders of aquaculture leases
   28G.    Restriction on creation of qualified folio
   28GA.   Creation of qualified or ordinary folio to be indexed
   28H.    Recording on qualified folio of registered deeds executed before creation
   28I.    Subsisting interests to be entered on qualified folio
   28J.    Cautions
   28K.    Additional subsisting interests may be notified
   28L.    Duties of registered proprietor dealing with land in qualified folio
   28M.    Lapsing of caution on qualified folio created after registered deed for value (section 28J (1))
   28MA.   Lapsing of caution on qualified folio created after registered deed other than for value (section 28J (1A))
   28MB.   Effect of lapsing of caution under section 28M or 28MA
   28MC.   Application for cancellation of caution accompanied by search
   28MD.   Application for cancellation of lapsed caution
   28ME.   Application for cancellation of caution on qualified folio created on possessory title (section 28J (1B))
   28MF.   Registrar-General may cancel lapsed caution
   28MG.   Cancellation of caution in certain cases does not defeat certain subsisting interests
   28MH.   Cancellation of caution on resumption or sale under Local Government Act 1993
   28N.    Cancellation of instruments
   28O.    Certain proceedings against Registrar-General barred
   28P.    Application of provisions of this Act to qualified folio and land therein
   28Q.    Application of Act No 6, 1919, Part 4
   28QA.   Information and production of documents
   28R.    Certain instruments to have no effect

   PART 4B - LIMITED FOLIOS OF THE REGISTER

           Division 1 - Creation of limited folios

   28S.    Definitions
   28T.    Creation of limited folio
   28U.    Defeasibility of limited title

           Division 2 - Delimitation plans

   28V.    Removal of limitation
   28W.    Restrictions on registration of delimitation plan
   28X.    Withdrawal of delimitation plan

           Division 3 - (Repealed)
           None

           Division 4 - Other provisions relating to limited folios

   28ZC.   Certain proceedings against Registrar-General barred
   28ZD.   Information and production of documents

   PART 5 - (Repealed)
   None

   PART 5A - CERTIFICATION OF TITLE TO RESUMED LAND

   31A.    Creation of folio for resumed land

   PART 6 - THE REGISTER AND REGISTRATION

   31B.    The Register
   32.     Folios of the Register
   33.     Information notice
           33AAA-33AB. (Repealed)
   33A.    Assumption as to authority
           34, 35. (Repealed)
   36.     Lodgment and registration of documents
   36A.    Notification of permits, licences and permissive occupancies affecting Crown land
   37.     Transactions effecting the subdivision of land
   38.     (Repealed)
   39.     Treatment of dealings that do not comply with requirements
   39A.    Treatment of certain instruments when land brought under Act
   39B.    Registration of mortgagor or charger as proprietor
   39C.    Dealings etc to be in approved form
   39D.    Register of Deeds to be noted
   40.     Manual folio to be considered evidence of title, and that the land has been duly brought under the Act
   40A.    Production of computer folio to courts etc
   41.     Dealings not effectual until recorded in Register
   42.     Estate of registered proprietor paramount
   43.     Purchaser from registered proprietor not to be affected by notice
   43A.    Protection as to notice of person contracting or dealing in respect of land under this Act before registration
   43B.    Statutory restrictions on alienation etc
   44.     Registered proprietor suing for specific performance
   45.     Bona fide purchasers and mortgagees protected in relation to fraudulent and other transactions
   45A.    Construction of dealings relating to land abutting on streams or roads

   PART 6A - POSSESSORY TITLES TO LAND UNDER THE ACT

           Division 1 - Possessory applications

   45B.    Definitions
   45C.    Acquisition of possessory title to land under the Act
   45D.    Application for title by possession
   45E.    Grant of possessory application
   45F.    Restrictions on grant of possessory applications
   45G.    Withdrawal of possessory application

           Division 2 - (Repealed)
           None

   PART 7 - DEALINGS

           Division 1 - Transfers

   46.     Transfers
   46A.    Creation of easements etc over own land by a dealing
   46B.    (Repealed)
   46C.    Registrar-General may register as proprietor person who is entitled to land by operation of statute
   47.     Recording, variation and release of easements etc
   47A.    (Repealed)
   48.     Creation of cross-easements for party walls by plans on application
   49.     Cancellation of recordings of easements after abandonment, consolidation of tenements or release
   50.     (Repealed)
   51.     Interest and rights of transferor pass to transferee
   52.     Transfer of mortgage or lease transferee's right to sue
   52A.    Mortgage of a mortgage or charge

           Division 2 - Leases

   53.     Land under the provisions of this Act--how leased
   54.     Lease may be surrendered by execution of surrender in approved form
   55.     Registrar-General to note particulars of re-entry in Register
   55A.    Registration of variation of lease
   55B.    Dealings affecting common law leases

           Division 3 - Mortgages, charges and covenant charges

   56.     Lands under this Act: how mortgaged or encumbered
   56A.    Postponement of mortgages
   56B.    Special provision as to certain postponements
   56C.    Confirmation of identity of mortgagor
   57.     Procedure on default
   58.     Power to sell
   58A.    Dispensing with notice or lapse of time
   59.     Registration of transfer by mortgagee, chargee or covenant chargee
   60.     In case of default, entry and possession, ejectment
   61.     Application for foreclosure order
   62.     Order for, and effect of, foreclosure
   63.     Suspension of mortgagor's rights as landlord
   64.     Mortgagee of leasehold entering into possession liable to lessor
   65.     Discharge of mortgages, charges and covenant charges
   66.     Recording of satisfaction of annuity etc
   67.     (Repealed)
           Divisions 4, 5 - (Repealed)
           None

   PART 7A - CAVEATS

           Division 1 - Interpretation

   74A.    Definitions

           Division 2 - Caveats against primary applications

   74B.    Lodgment of caveats against primary applications
   74C.    Caveats lodged under section 74B to lapse under certain circumstances
   74D.    Caveator to have right to apply for an order extending the operation of the caveat
   74E.    Powers of Registrar-General where caveator fails to prosecute proceedings to establish title to estate or interest claimed in caveat

           Division 3 - Caveats against dealings, possessory applications, plans and applications for cancellation of easements or extinguishment of restrictive covenants

   74F.    Lodgment of caveats against dealings, possessory applications, plans and applications for cancellation of easements or extinguishment of restrictive covenants
   74G.    Registrar-General to enter particulars of caveat lodged under section 74F in Register
   74H.    Effect of caveat lodged under section 74F
   74I.    Lapse of caveat where dealing or delimitation plan is subsequently lodged for recording
   74J.    Lapse of caveat on application of proprietor of estate or interest
   74JA.   Lapse of caveat regarding extinguishment of restrictive covenant
   74K.    Power of Supreme Court to extend operation of a caveat lodged under section 74F

           Division 4 - Caveats generally
           Note

   74L.    Strict compliance with formalities with respect to caveats not necessary
   74LA.   Caveat lapses when order ceases to have effect
   74M.    Withdrawal of caveats
   74MA.   Application to Court for withdrawal of caveat
   74N.    Service of notices on caveators for purposes of Part
   74O.    Restrictions on lodgment of further caveats if earlier caveat lapses or is withdrawn
   74P.    Compensation payable in certain cases
   74Q.    Registrar-General not obliged to ensure that caveator is entitled to the subsisting estate or interest claimed in a caveat
   74R.    Right to obtain injunction not affected

   PART 7B - PRIORITY NOTICES

   74S.    Interpretation
   74T.    Lodgment of priority notices
   74U.    Registrar-General to enter particulars of priority notice lodged under this Part
   74V.    Period during which priority notice has effect
   74W.    Effect of priority notice
   74X.    Withdrawal and removal of priority notice
   74Y.    Application to Supreme Court for withdrawal of priority notice
   74Z.    Compensation payable in certain cases

   PART 8 - IMPLIED COVENANTS AND INCORPORATED COVENANTS

   75.     General covenants to be implied in instruments
   76.     Transferee of land subject to mortgage etc to indemnify transferor
   76A.    Additional implied covenants in respect of land in a qualified folio
           77-79. (Repealed)
   80.     Implied covenants may be modified or negatived
   80A.    Incorporation of provisions contained in memorandum or covenants in lease

   PART 8A - EXTINGUISHMENT OF RESTRICTIVE COVENANTS

           Division 1 - Preliminary

   81.     Definitions

           Division 2 - Applications to have restrictive covenants extinguished

   81A.    Registered proprietor of land may apply to have a restrictive covenant extinguished
   81B.    Registrar-General may ask the registered proprietor for further information
   81C.    Registrar-General must reject invalid application without further consideration

           Division 3 - Right to be notified of application for extinguishment of restrictive covenant

   81D.    Registrar-General must notify certain persons of application for extinguishment of restrictive covenant
   81E.    Form of notice
   81F.    Period of notice
   81G.    Service of notice
   81H.    Service of notice by person other than Registrar-General

           Division 4 - Extinguishment of restrictive covenants

   81I.    Registrar-General may extinguish a restrictive covenant after application made
   81J.    Registrar-General may extinguish a restrictive covenant without receiving an application
   81K.    Cancellation of recording of restrictive covenant
   81L.    Effect of extinguishment

   PART 9 - TRUSTS

   82.     No notice of trusts to be recorded in Register
   83.     Dedicated or reserved lands--trusts
   84.     Barring of survivorship among trustees in certain cases
   85.     Notice to be published before order
   86.     Recording of vesting order
   87.     Proceedings may be brought by person claiming beneficial interest in name of trustee

   PART 10 - (Repealed)
   None

   PART 11 - TRANSMISSIONS

   90.     Transmission on bankruptcy
   91.     Disclaimer of lease under Commonwealth Act
   92.     (Repealed)
   93.     Transmission on death of proprietor
           94, 95. (Repealed)
   96.     Trusts protected

   PART 11A - SEARCHES

   96A.    Definition
   96B.    Access to the Register
   96C.    Official search of manual folio
   96D.    Official search of computer folio
   96E.    Searches to disclose recordings on mortgages etc
   96F.    (Repealed)
   96G.    Search of historical record
   96H.    Authentication of official searches
   96I.    Matters arising from official searches
   96J.    Search fees

   PART 12 - GENERAL PROVISIONS

   97.     Severance of joint tenancy by unilateral action
           98, 99. (Repealed)
   100.    Registered co-tenants
   101.    Registration of survivor of joint proprietors
           102, 103. (Repealed)
   104.    Approved forms
   105.    Recording of writ in Register
   105A.   Effect of recording writ
   105B.   Registration of transfer pursuant to sale under writ
   105C.   Lapsing of writ in relation to land
   105D.   Cancellation of recording of writ
   106.    Execution of instruments by corporations
   107.    Client authorisations
   108.    Reliance on, and repudiation of, signatures
           109-113. (Repealed)
   114.    Registrar-General may require plan to be lodged
   115.    Certified copies to be furnished by Registrar-General and to be evidence
   115A.   Certification of electronic instrument
   116.    Searches
   117.    Certificate of correctness
   117A.   Registrar-General's requisitions

   PART 13 - CIVIL RIGHTS AND REMEDIES

           Division 1 - Proceedings for the possession or recovery of land

   118.    Registered proprietor protected except in certain cases
   119.    Defendant's entitlements where improvements have been made

           Division 2 - Proceedings for compensation

   120.    Proceedings for compensation

           Division 3 - Review of Registrar-General's actions

   121.    Administrative review of decisions of Registrar-General
   122.    Review of decisions by Supreme Court
   123.    Applicant may state case for Supreme Court
   124.    Application to Supreme Court for directions
   125.    Orders as to costs

           Division 4 - General

   126.    Registrar-General may intervene in certain proceedings
   127.    Barring of actions where claimant on notice

   PART 14 - THE TORRENS ASSURANCE FUND

           Division 1 - Preliminary

   128.    Definitions

           Division 2 - Compensation generally

   129.    Circumstances in which compensation payable
   129A.   Limits on amount recoverable generally
   129B.   Limits on amount recoverable in respect of mortgage obtained by fraud
   130.    Minister may direct ex gratia payments from Torrens Assurance Fund

           Division 3 - Administrative proceedings

   131.    Administrative proceedings for recovery of compensation

           Division 4 - Court proceedings

   132.    Court proceedings for the recovery of compensation

           Division 5 - Miscellaneous

   133.    Subrogation of rights to claim compensation
   133A.   Repayment of certain amounts
   134.    Torrens Assurance Fund
   134A.   (Repealed)
   135.    Registrar-General may settle claims

   PART 14A - BOUNDARY DETERMINATIONS

   135A.   Definition of "owner"
   135B.   Application may be made for boundary determination
   135C.   Boundaries to which Part applies
   135D.   Requirements for application
   135E.   Notice of application to be given to certain persons
   135F.   Procedure in determining boundaries
   135G.   Determination of other boundaries
   135H.   Basis of determination
   135I.   Notice of determination of boundary
   135J.   Appeals to Land and Environment Court
   135K.   Noting of boundary on plans etc
   135L.   Effect of boundary determination
   135M.   Delegation
   135N.   Application of provisions where land has more than one owner
   135O.   Owners may agree to dispense with certain requirements
   135P.   Failure to notify does not affect validity of determination
   135Q.   Service of notices

   PART 15 - CANCELLATION AND CORRECTION OF INSTRUMENTS

           136, 137. (Repealed)
   138.    Court may direct cancellation of folios and other actions related to folios
   138A.   Registrar-General may take steps to rectify Register in case of fraud

   PART 16 - PRACTICE AND PROCEDURE

   139.    Rules of court and rights of appeal applicable to proceedings under Act
   140.    (Repealed)

   PART 17 - CRIMINAL PROVISIONS

   141.    Certain fraudulent acts to be deemed indictable offences
   142.    Conviction not to affect civil remedy
   143.    Prosecutions and recovery of penalties

   PART 18 - REGULATIONS

   144.    Regulations
   144A.   Fixing of fees etc for new services under relevant Acts

   PART 19 - MISCELLANEOUS

   145.    Savings and transitional provisions
   146.    Exclusion of personal liability
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3