South Australian Current Acts South Australian Current Acts (1) In this Act,
unless the contrary intention appears—
"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, which may be an electronic form, approved by
the Registrar-General;
"the Assurance Fund" means the Real Property Act Assurance Fund constituted
under this Act;
"caveatee" means 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" means any person lodging a caveat;
"certificate" means 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 includes
all plans and entries on the certificate of title;
"client authorisation"—see section 240A;
"Court" means—
(a) the
Supreme Court; and
(b) in
sections 52, 64, 71, 80, 87, 105, 108, 110, 142A, 154I, 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;
"document" includes a document in electronic form;
"document of title" means a document evidencing or relating to the title of
land not under the provisions of any of the Real Property Acts;
"dominant land" means any land having a right-of-way or other easement
appurtenant thereto or annexed to the ownership thereof;
"easement" includes a profit à prendre;
"encumbrancee" means the registered proprietor of an encumbrance;
"encumbrancer" means the registered proprietor of land subject to an
encumbrance;
"execution" includes execution by a legal practitioner or
registered conveyancer under a client authorisation;
"instrument" means any document capable of registration in the Lands Titles
Registration Office, or in respect of which a record is under an Act directed,
required or permitted to be made in the Register Book, and includes a document
that may be registered or recorded in the Register of Crown Leases under
section 93;
"instrument of title" means an instrument evidencing or relating to the title
to land under the provisions of any of the Real Property Acts;
"land" includes all tenements and hereditaments corporeal and incorporeal of
every kind and description, and every estate and interest in land;
"law practice" has the same meaning as in the Legal Practitioners
Act 1981 ;
"legal practitioner" has the same meaning as in the Legal Practitioners
Act 1981 ;
"lessee" means the registered proprietor of a lease;
"lessor" means 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" means the registered proprietor of a mortgage;
"mortgagor" means the registered proprietor of land subject to a mortgage;
"participation rules" means the participation rules determined by the
Registrar-General under section 23 of the Electronic Conveyancing
National Law (South Australia) ;
"proprietor" means any person seized or possessed of, or entitled to land;
"registered conveyancer" means a person registered as a conveyancer under the
Conveyancers Act 1994 ;
"registered proprietor" means a person appearing by the Register Book to be
the proprietor of an estate or interest in land registered under any of the
Real Property Acts;
"servient land" means land subject to any easement;
"sign" a document or instrument—see subsection (3);
"statutory assignment" means any deed assigning a debtor's estate for the
benefit of his or her creditors, executed under an Act;
"the Real Property Acts" means 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" means the passing of title to land in any manner other than by
transfer;
"Tribunal" means the South Australian Civil and Administrative Tribunal
established under the South Australian Civil and Administrative Tribunal
Act 2013 ;
"verification of authority guidelines"—see section 273B;
"verification of identity requirements"—see section 273A.
(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.
(3) If a provision of
this Act requires that an instrument or document be signed by a person, the
instrument or document must be—
(a)
signed by the person personally; or
(b)
signed personally on behalf of the person by another person under a power of
attorney.