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A B C D E F G H I J K L M N O P Q R S T U V W X Y Z For further information on terms and definitions within this glossary, please contact Client Advice, Lands Titles Office, 101 Grenfell St, Adelaide, ph (08) 8226 3983. AreaARIES Automated Registration Indexing and Enquiry System. CadastreDetails presented on the DCDB which define the current subdivisional pattern of a locality on the ground. CaveatThe instrument by which a person who claims an equitable estate or interest in land may prevent the registration of any dealing with the land or a registered interest in the land (i.e. a caveat may be lodged against the registered proprietor of land, or the mortgagee of a registered mortgage, or the lessee of a registered lease). CaveateeThe person against whom the caveat has been lodged. Normally, the caveatee will be the registered proprietor of land or of a mortgage or lease over which the caveat has been lodged. CaveatorThe person lodging a caveat. Certificate of Title (CT)See Title Reference. Common PropertyLand in a Community Title or Strata Title scheme which is defined on the relevant Community Plan or Strata Plan and for which a Certificate of Title is issued in the name of the Community Corporation or Strata Corporation. Community PlanSee Plan Type. Community TitleSee Title Reference. ConditionsInformation that affects the land and requires further investigation. ConsiderationIn conveyancing terms, the word is generally used to refer to the reason or explanation for the transfer of land. Typically, it is an amount of money paid by the Transferee to the Transferor, but it may refer to some less tangible factor, such as the natural love and affection the Transferor bears towards the Transferee. Crown Lease (CL)See Title Reference. Crown Record (CR)See Title Reference. DCDBDigital Cadastral Data Base. Deposited PlanSee Plan Type. Discharge of Mortgage (DM)An instrument by which a mortgagee acknowledges that the debt owed by the mortgagor and secured by a mortgage has been satisfied (usually by being repaid) and "discharges" or releases the land from the mortgage. Document Prefix and Description. EasementA right attached to the ownership of land (the dominant land or tenement) to utilise other land which is usually held by a different person (the servient land or tenement) in such a way as to benefit the dominant tenement. Examples include a right of way, or an easement for drainage or water supply. Encumbrance (E)1. The instrument by which land is charged with or made security for, the payment of an annuity, rent-charge or sum of money (not being a debt). Frequently, an encumbrance will contain restrictive covenants aimed at controlling the future use or development of the land. 2. In the generic sense, a claim, lien or liability attached to the land, including a mortgage, lease, warrant of sale, an encumbrance as described above in point 1, and, (in some cases) the interest claimed by a caveator. The registered proprietor of an Encumbrance. EncumbrancerThe registered proprietor of land subject to an Encumbrance. Equivalent Main AreaThe total area under the main roof with percentage reductions for structures that are considered to be a lesser component or of differing construction than the main structure e.g. carports, garages, verandahs, porches and rear lean-to. Estate1. An interest in land, classified either as a freehold estate (being one of uncertain duration) including the fee simple, fee tail or life estate; as a leasehold estate (being of a duration which is either certain or which is capable of being rendered certain). A third classification of estate is that of a Crown lessee. 2. The total property of a person, e.g. the estate of a deceased person or of a person who is bankrupt. Estate or InterestSee Legal estate or interest. Interests include a mortgage or charge. Executor/ ExecutrixA person appointed by the will of a person (the testator or testatrix) to carry out the provisions of the will upon the death of the testator/testatrix. An executor/executrix cannot register a dealing with the land until the will has been proved to be the last valid will and testament of the deceased, and he or she has received a grant of representation from the court, called probate. Fee SimpleThe most common freehold estate granted by the Crown. An estate in fee simple is the greatest estate in land, and is for practical purposes the equivalent to absolute ownership. Note, however, that in Australia, no person other than the Crown can "own" land absolutely. Filed PlanSee Plan Type. Fruit LienA security interest (i.e. a form of mortgage) granted over a fruit crop under the Liens on Fruit Act 1923. Fruit Liens are registered in the GRO. See Lienor and Lienee. G.R.O.The General Registry Office. This office registers or enrols dealings with old system land, accepts various plans and written documents concerning land for deposit, for sale and perpetual custody, and registers miscellaneous other dealings such as bills of sale and stock mortgages. G.R.O. PlanSee Plan Type. Historical SearchA chronological history of dealings recorded in a TATS title. Hundred PlanSee Plan Type. ImprovementsSee Code Explanation for Urban and Rural Properties. IncumbranceSee Encumbrance. Joint TenancyOne of the two main ways in which two of more persons may hold land in co-ownership (the other being a tenancy in common). The principal features which distinguish a joint tenancy are the "four unities" (the unities of time, title, interest and possession) and the right of survivorship, under which the surviving joint tenant(s) is (are) solely entitled to the land upon death of the other joint tenant. Joint TenantsTwo or more people holding land under a joint tenancy. Each joint tenant is entitled to the use, possession, and enjoyment of the whole of the land, subject to the rights of the other joint tenants. LandUnder the RPA, the word "land" includes every estate and interest in land. That is, the work encompasses and includes an estate in fee simple or for life, a mortgage, lease, encumbrance, or easement. A dealing with "land" actually means a dealing with one of these estates or interests in land, and not with the actual land itself. An estate in "land" includes permanently attached buildings and other fixtures, trees, crops, the soil beneath the surface and the air above it. Land GrantThe primary means by which the Crown alienates or grants land to its subjects. A land grant is a grant of an estate in fee simple to a person or a defined area of land. From the introduction of the first RPA in 1858 until 1 July 1995, a land grant was treated as a certificate of title and given a volume and folio reference. They are now attached inside an "RLG" form and treated as a request for the issue of a TATS title. Land Use CodeSee Land Use Code Lease (L)The grant by one person (the lessor or landlord) to another (the lessee or tenant) of a right to the exclusive possession of a defined portion of land for a term which is either of a certain duration or a duration which is capable of being ascertained at the commencement of the term. Rent is usually paid by the lessee, although this is not essential. The word lease is used also to describe the instrument embodying the agreement between the parties. Legal estate or interestAn interest in or right over land which may be enforced by a court of law (as opposed to a court of equity). As a generalisation (and one which does not always hold true) a legal estate or interest in land which is under the RPA is one which is registered on a certificate of title. Examples include a registered estate in fee simple and a registered mortgage or lease. LesseeThe person or body to whom a lease is granted. A lessee is known also as a "tenant". For the purposes of the RPA, the word means the registered proprietor of a lease. LessorThe person or party who grants a lease of his or her land. For the purposes of the RPA, the word means the registered proprietor of a lease. LienSee Worker's Lien. Lienor1. The person who executes and lodges a Notice of Lien under the Worker's Lien Act 1893. (See Worker's Lien). 2. The grantor of a preferable lien on a fruit crop under the Liens on Fruit Act 1923. (See Fruit Lien). Lienee1. The person (usually a registered proprietor of land under the RPA) against whose estate or interest in land a Worker's Lien has been lodged. 2. The grantee of (i.e. the person who holds) a preferable lien on a fruit crop under the Lien's on Fruit Act 1923. (See Fruit Lien). Limited Title (LT)See Title Reference. LOTSLand Ownership and Tenure System. LTO or LTROThe "Lands Titles Office" or "Lands Titles Registration Office" established by statute and continued in existence by the RPA to administer the provisions of that Act. Mortgage (M)The means by which the property of a debtor is made security for the payment of a debt. A mortgage may be of a real or personal property. A mortgage of land under the RPA takes the form of an instrument under which the registered proprietor changes his or her interest in the land with the payment of the debt. An example of a mortgage of personal property is a bill of sale. MortgageeThe creditor (i.e. the person to whom the debt is owed) under a mortgage. For the purposes of the RPA, the word means the registered proprietor of a mortgage. MortgagorThe debtor (i.e. the person to whom the debt is owed) under a mortgage. For the purposes of the RPA, the word means the registered proprietor of land which is subject to a mortgage. NotesRegistrar-General's Notations that affect the land and require further investigation. NUANot Under Act (Real Property Act). See Old System land. Old System landLand which was granted by the Crown in fee simple by a land grant prior to 2 July 1858 and which has not subsequently been bought under the RPA. Dealings with such land are registered in the GRO. One Undivided MoietyA one undivided half share in land. The interest of a tenant in common. Note that, although having a distinct share in the land, this does not entitle the proprietor of the share to the exclusive ownership of any identifiable portion of it. Out of Hundred PlansSee Plan Type. PropertyAssist currently provides access to survey plan images for Deposited, File, Community and Strata Plans. As the search is accessed using the current identifier, PropertyAssist cannot provide images for plans that have been superseded. These and the remaining images for sections, blocks and government town allotments are available from the PIERS Online web site. Profit A' Prendre The Forest Property Act 2000 also amended the Real Property Act 1886 to allow for the registration of profits a` prendre by inserting the definition of "easement" includes a "profits a` prendre". Profits a` prendre (profit) can now be created, varied and extinguished in the same way as an easement. A profit can be created either appurtenant to land in a Certificate of Title or a Crown Lease, or in gross. The notation of a profit will appear on a Certificate of Title under the heading of Easements. If a certificate of title is to issue for the profit created, the heading and land description will also include the words "PROFIT A` PRENDRE". A profit can be lodged over the whole or portion of the land in a Certificate of Title or Crown Lease. If lodged over portion, a plan must be lodged and be either filed or deposited by the Registrar-General in the Lands Titles Office identifying the land the subject of the profit. A profit can be extinguished as per any easement but may also be determined by the passage of time or the occurrence of circumstances specified in the grant. Notice of a time frame, or of a certain occurrence, that will terminate the profit will appear in the dominant and servient clauses for the profits and on any easement (profit) in gross title. Unlike a lease with a certain time frame these clauses or easement in gross titles will not automatically be deleted or cancelled once that time frame has passed. These will be deleted when a new Certificate of Title is to issue or an application to terminate is received. ProprietorThe owner of an estate or interest in land. See also Registered Proprietor. Real PropertyOne of the two main categories of property (the other being personal property). Real Property is comprised of estates and interests in land. Real Property Act 1886The statute which presently governs the registration of dealings with land held under the Torrens System. Register BookThe records maintained by the Registrar-General pursuant to the RPA in relation to land under the Torrens System. The Register Book includes both manual and computerised certificates of title and all registered instruments. Registered Estate or InterestAn estate or interest which has been registered under the provisions of the RPA and for which a certificate of title (or a registration thereon) exists. A registered estate or interest is one which is endowed with the benefit of indefeasibility of title and is guaranteed by the Government. Registered ProprietorAny person appearing by the Register Book or by any registered instrument of title to be the proprietor of land or of a mortgage, encumbrance or lease. Right of WayA specific type of easement which confers a right of passage over another parcel of land (which is normally in different ownership). Road PlansSee Plan Type. RPA Rural Improvements CodeSee Code Explanation for Urban and Rural Properties. Sales DetailsComplete sales details have only been recorded since April 1985. Sale date refers to document date not necessarily the date of settlement of the property. Sales History - DateSales History can only be requested from 01/01/1998. A non periodic reading of a property's water meter. SMRSMR is an abbreviation for Special Meter Reading, See SA Water Special Meter Reading. StoppersExamples: See Caveats and Liens. Strata Plan (S)See Plan Type. Strata CorporationA corporation created by the deposit of a strata plan and consisting of the registered proprietors of the units defined on the plan. Street TypesSee Street Types for abbreviation used. Survey PlanPlan showing survey marks and certified correct by a Licensed Surveyor. Survey Plan ImageSurvey Plan Images contain scanned images of survey plans. These plans show the boundary measurements of properties as well as other information used by surveyors. TATSTorrens Automated Title System. Tenancy in CommonOne of the two main ways in which two or more persons may hold land in co-ownership (the other being a joint tenancy). Each tenant is entitled to a distinct but undivided share in the land. Note that, although having a distinct share in the land, this does not entitle the proprietor of the share to the exclusive ownership of any identifiable portion of it. There is no right of survivorship under a tenancy in common, and on the death of a tenant in common his or her share will pass according to his or her will or, in the absence of a will, according to the laws of intestacy. TitleA right to the possession of property which may be enforced by legal action. Title ReferenceTorrens System The system employed in all Australian jurisdictions under which title to land is conferred by the official registration of a dealing in that land. The fundamental principles of the system are:
The system is named after its creator, Robert Torrens, who introduced it in South Australia in 1858. Town PlansSee Plan Type. TransferorThe person transferring any land, mortgage or lease. TransfereeThe person to whom any land lease or mortgage is transferred. TransmissionThe passing of title to land (or an interest therein such as a mortgage or lease) in any manner other than by transfer. For example, on the death of a sole registered proprietor, his or her estate or interest in the land is transmitted to his or her executor or administrator. Urban Improvements CodeSee Code Explanation for Urban and Rural Properties. If you have queries on building improvements, please contact your nearest LSG office. ValuesWorker's Lien A worker's lien may be claimed by a person in accordance with the Worker's Lien Act 1893 for unpaid wages or the contract price for work done or services provided or materials supplied to the land with the assent of the owner or occupier of the land. A Notice of Lien (LN) is registered in the GRO and, if the lienee is the registered proprietor of the land to which the lien relates, a notification of it is made on the certificate of title. Until withdrawn or otherwise removed, a lien has the effect of a caveat. Zone CodeFurther detail is available from Planning SA, South Australia Development Plans.
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Email the Web Administrator URL: http://www.landservices.sa.gov.au Last Modified: 15/08/2008 11:29:24 |
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