Part 1Preliminary

Part 1—Preliminary 1—Short title This Act may be cited for all purposes as the Real Property Act 1886. 3—Interpretation (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. 4—Repeal The following Acts or parts of Acts are hereby repealed: Number Title Extent of Repeal 22 of 1861 Real Property Act of 1861. 128 of 1878 Real Property Act Amendment Act of 1878. 223 of 1881 Rights-of-Way Act 1881. 225 of 1881 Act to amend The Probate and Succession Duty Act 1876. The following words at the end of section 3, subsections 2 and 3: "The estate being exempt under clause 2 of this Act." 5—Savings Such repeal shall not affect any appointment, regulation, instrument, fund, act, matter, or thing lawfully made, done, executed, or in existence under the authority of the said Acts or any or either of them; nor prevent prosecution or punishment for any offence committed or act done in violation of the provisions of the said Acts or any or either of them; or interfere with the recovery of any penalty or of any forfeiture incurred under the said Acts or any or either of them; or with the enforcement, vindication, or recovery, of any estate, right, title, trust, covenant, contract, or interest preserved, acquired, accruing, existing or entered into under the provisions of the said Acts or any or either of them; nor shall such repeal affect or in any way interfere with any act or thing, prosecution or punishment, enforcement, vindication, or recovery saved or protection given by the said repealed Acts; and all applications, actions, suits, proceedings, instruments, registrations, and other acts, matters, and things made, commenced, pending, signed, entered, or done under the said repealed Acts or any or either of them before the passing of this Act, may be proceeded with, prosecuted, completed, and acted on in the same manner and shall be as valid and effectual as if this Act had not been passed. 6—Laws inconsistent not to apply No law, so far as inconsistent with this Act, shall apply to land subject to the provisions of this Act, nor shall any future law, so far as inconsistent with this Act, so apply unless it shall be expressly enacted that it shall so apply "notwithstanding the provisions of the Real Property Act 1886". 6A—Effect of section 6 Section 6 has effect as if Schedule 1 Part 4 of the Aboriginal Lands Trust Act 2013 had never come into operation. 7—Lands under previous Acts to be under this Act All lands subject to the provisions of any of the Real Property Acts shall, on and from the day upon which this Act shall come into operation, and all land hereafter brought under the provisions of any of the Real Property Acts, pursuant to any application commenced at the time of this Act coming into operation, shall, from the time of the issuing of the certificate for such land, be held subject to the provisions of this Act. 8—Land not to be withdrawn No land once subject to the provisions of this Act shall ever be withdrawn therefrom.