New South Wales Consolidated Acts

REAL PROPERTY ACT 1900 - SECT 3

3 Definitions

(1) In the construction and for the purposes of this Act, and in all instruments purporting to be made or executed thereunder (if not inconsistent with the context and subject matter)--

(a) the following terms shall bear the respective meanings set against them--

"Approved form" --Form approved by the Registrar-General for the purposes of any provision of this or any other Act in relation to which the expression is used (see section 104), including an electronic data file containing such a form.

"Authorised representative" --A law practice or licensed conveyancer (or firm of licensed conveyancers) authorised under a client authorisation to represent a party to a conveyancing transaction in connection with the execution or lodgment of documents that give effect to that transaction.

"Business day" --A day that is not a Saturday or Sunday or a public holiday or bank holiday throughout the State.

"Caveator" --The person by whom or on whose behalf a caveat has been lodged under the provisions of this Act, or any enactment hereby repealed.

"Charge" --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.

"Chargee" --The proprietor of a charge.

"Charger" --The proprietor of land or of an estate or interest in land that is subject to a charge.

"Client authorisation" --A client authorisation as defined by section 107.

"Computer folio" --A folio of the Register that is not a manual folio.

"Computer folio certificate" --A certificate issued under section 96D.

"Consular officer" --Consul-general, consul, and vice-consul, and any person for the time being discharging the duties of consul-general, consul, or vice-consul.

"Conveyancing rules" --The rules determined by the Registrar-General under section 12E.

"Conveyancing transaction" --A conveyancing transaction within the meaning of the Electronic Conveyancing National Law (NSW) to which this Act applies.

"Covenant charge" --Any charge on land created under section 88F of the Conveyancing Act 1919 for securing the payment of money.

"Covenant chargee" --The proprietor of a covenant charge.

"Covenant charger" --The proprietor of land or of any estate or interest in land subject to a covenant charge.

"Dealing" --Any instrument other than a grant, caveat or priority notice, including an electronic form of that instrument, being an instrument--

(a) that is registrable or capable of being made registrable under the provisions of this Act, or

(b) in respect of which any recording in the Register is by this or any other Act or any Act of the Commonwealth required or permitted to be made.

Note--: The Electronic Conveyancing National Law (NSW) facilitates the electronic lodgment of registry instruments. Dealings are a type of registry instrument.

"Department" --The Department of Customer Service.

"Deputy Registrar-General" --A member of staff of the Department who has been designated under section 4B to be a Deputy Registrar-General.

"Digitally sign" --Has the same meaning as in the Electronic Conveyancing National Law (NSW) .

"Easement in gross" --An easement without a dominant tenement created pursuant to the provisions of section 88A or 88B of the Conveyancing Act 1919 or acquired by the Commonwealth in exercise of authority conferred by any Act of the Parliament of the Commonwealth.

"Electronic Lodgment Network" --An Electronic Lodgment Network under the Electronic Conveyancing National Law (NSW) .

"Firm" of licensed conveyancers--A firm of licensees within the meaning of the Conveyancers Licensing Act 2003 .

"Fraud" --Fraud includes fraud involving a fictitious person.

"Grant" --Any Crown grant of land.

"Instrument" --Any grant, conveyance, assurance, deed, map, plan, will, probate, or exemplification of will, or any other document in writing or in electronic form relating to the disposition, devolution or acquisition of land or evidencing title to land.

"Land" --Land, messuages, tenements, and hereditaments corporeal and incorporeal of every kind and description or any estate or interest therein, together with all paths, passages, ways, watercourses, liberties, privileges, easements, plantations, gardens, mines, minerals, quarries, and all trees and timber thereon or thereunder lying or being unless any such are specially excepted.

"Law practice" --A law practice within the meaning of the Legal Profession Uniform Law (NSW) .

"Licensed conveyancer" means the holder of a licence in force under the Conveyancers Licensing Act 2003 .

"Limited folio" --A folio of the Register that includes a recording under section 28T (4) that has not been cancelled.

"Lodge" --Includes lodge electronically--

(a) in accordance with this Act or the Electronic Conveyancing National Law (NSW) , or

(b) in a way approved by the Registrar-General.

"Lodgment rules" --Rules made by the Registrar-General under section 12F.

"Manual folio" --A folio of the Register maintained by the Registrar-General wholly in the form of a document in writing.

"Mortgage" --Any charge on land (other than a covenant charge) created merely for securing the payment of a debt.

"Mortgagor" --The proprietor of land or of any estate or interest in land pledged as security for the payment of a debt.

"Mortgagee" --The proprietor of a mortgage.

"Ordinary folio" --A folio of the Register that is neither a limited folio nor a qualified folio.

"Plan of survey" --A formal land survey plan within the meaning of the Surveying and Spatial Information Act 2002 .

"Possessory applicant" --Person who makes a possessory application.

"Possessory application" --Application under section 45D.

"Primary applicant" --Person who makes a primary application.

"Primary application" --Application to bring under the provisions of this Act land that is not subject to those provisions.

"Priority notice" --A priority notice under Part 7B.

"Proprietor" --Any person seised or possessed of any freehold or other estate or interest in land at law or in equity in possession in futurity or expectancy.

"Qualified folio" --A folio of the Register in which is recorded a caution under section 28J that has not been cancelled.

"Registrar-General" --The person employed in the Public Service as the Registrar-General.

"Regulations" --The regulations made under this Act.

"Sign" --Includes digitally sign in accordance with the Electronic Conveyancing National Law (NSW) .

"The Register" --The Register required to be maintained by section 31B (1).

"Torrens Assurance Fund" --The Torrens Assurance Fund established under section 134.

"Transfer" --The passing of any estate or interest in land under this Act whether for valuable consideration or otherwise.

"Transmission" --The acquirement of title to or interest in land consequent on the death, will, intestacy or bankruptcy of a proprietor.

"Uplift" --The removal of a dealing or other document that has been lodged for registration or recording from its priority position so that it can be corrected or amended without withdrawing the dealing or document.

"Writ" --A writ for the levy of property within the meaning of Part 8 of the Civil Procedure Act 2005 , including any such writ issued pursuant to an Act of the Commonwealth.

Note--: See, for example, section 77M of the Judiciary Act 1903 of the Commonwealth and other similar provisions of Commonwealth legislation.

(b) The description of any person as a proprietor, transferor, transferee, mortgagor, mortgagee, charger, chargee, lessor, or lessee, or as seised of having or taking any estate or interest in any land shall be deemed to include the executors, administrators, and assigns of such person.

(d) A reference to recording includes a reference to amending, cancelling or deleting.

(e) A reference to a caveator includes a reference to any person who claims through or under the caveator and also includes a reference to any person other than the caveator who, by virtue of section 74M (1), is authorised to withdraw the caveat which was lodged by the caveator.

(f) A reference to an office copy of an order, judgment or injunction made, given or granted by a court is a reference to a copy of that order, judgment or injunction certified as such an office copy by the proper officer of the court.

(g) A reference to a dealing, caveat, priority notice, instrument or other document that is in paper form being duly executed or witnessed includes a reference to it being certified or otherwise authenticated in accordance with the conveyancing rules.

Note--: See also sections 107 (4) and 108 with respect to the effect of the signing of documents under the authority or purported authority of client authorisations.

Note--: The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) A reference in this or any other Act to a recording in a folio of the Register includes a reference to a recording in the Register with respect to that folio.

(2A) Words and expressions used in this Act that are defined in the Land and Property Information NSW (Authorised Transaction) Act 2016 have the same meanings as in that Act, except in so far as they are defined differently in this Act or the context or subject-matter otherwise indicates or requires.

(3) Notes in the text of this Act do not form part of this Act.