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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.

Area
  • APPROX
    Approximate - data unreliable or boundaries not fixed (is also used when referring to square kilometres)
  • CALC
    Calculated - Derived from plan data.
  • DEDUCED
    Deduced - Derived by subtraction from a previously calculated area.
  • ARIES

    Automated Registration Indexing and Enquiry System.

    Cadastre

    Details presented on the DCDB which define the current subdivisional pattern of a locality on the ground.

    Caveat

    The 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).

    Caveatee

    The 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.

    Caveator

    The person lodging a caveat.

    Certificate of Title (CT)

    See Title Reference.

    Common Property

    Land 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 Plan

    See Plan Type.

    Community Title

    See Title Reference.

    Conditions

    Information that affects the land and requires further investigation.

    Consideration

    In 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.

    DCDB

    Digital Cadastral Data Base.

    Deposited Plan

    See 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.

    See Prefix and Description.

    Easement

    A 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.

    Encumbrancee

    The registered proprietor of an Encumbrance.

    Encumbrancer

    The registered proprietor of land subject to an Encumbrance.

    Equivalent Main Area

    The 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.

    Estate

    1. 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 Interest

    See Legal estate or interest. Interests include a mortgage or charge.

    Executor/ Executrix

    A 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 Simple

    The 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 Plan

    See Plan Type.

    Fruit Lien

    A 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. Plan

    See Plan Type.

    Historical Search

    A chronological history of dealings recorded in a TATS title.

    Hundred Plan

    See Plan Type.

    Improvements

    See Code Explanation for Urban and Rural Properties.

    Incumbrance

    See Encumbrance.

    Joint Tenancy

    One 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 Tenants

    Two 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.

    Land

    Under 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 Grant

    The 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 Code

    See 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 interest

    An 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.

    Lessee

    The 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.

    Lessor

    The 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.

    Lien

    See Worker's Lien.

    Lienor

    1. 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).

    Lienee

    1. 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.

    LOTS

    Land Ownership and Tenure System.

    LTO or LTRO

    The "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.

    Mortgagee

    The 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.

    Mortgagor

    The 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.

    Notes

    Registrar-General's Notations that affect the land and require further investigation.

    NUA

    Not Under Act (Real Property Act). See Old System land.

    Old System land

    Land 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 Moiety

    A 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 Plans

    See 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.

    Plan Type

  • Community Plan (C) - A plan of community division, dividing land into lots and common property under the Community Titles Act.
  • Deposited Plan (D) - A plan deposited in the LTO, including plans of Amalgamation and Division and plans lodged under the Roads Opening and Closing Act 1991 and the Crown Lands Act 1929.
  • Filed Plan (F) - Plan filed in the LTO, e.g.. Plan for Easement Purposes
  • G.R.O. Plan (G) - Old subdivisions lodged in the 1800's over NUA land or Plans for Leasing Purposes.
  • Hundred Plan (H) - Plans depicting the original subdivisions of the state.
  • Out of Hundred Plans (H) - Plans depicting the original subdivisions of the state not within hundreds.
  • Road Plan (R) - plans lodged with the Lands Titles Office depicting roads opening and closings pursuant to the Roads opening and Closing Act 1991.
  • Strata Plan (S) - A plan dividing land into units and common property under the Strata Titles Act 1988.
  • Town Plans (T) - Plans depicting the original subdivision of a government town.
  • 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.

    Proprietor

    The owner of an estate or interest in land. See also Registered Proprietor.

    Real Property

    One 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 1886

    The statute which presently governs the registration of dealings with land held under the Torrens System.

    Register Book

    The 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 Interest

    An 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 Proprietor

    Any 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 Way

    A specific type of easement which confers a right of passage over another parcel of land (which is normally in different ownership).

    Road Plans

    See Plan Type.

    RPA

    See Real Property Act 1886.

    Rural Improvements Code

    See Code Explanation for Urban and Rural Properties.

    Sales Details

    Complete 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 - Date

    Sales History can only be requested from 01/01/1998.

    The format of the date is to be entered in the form of dd/mm/yyyy e.g. 01/01/1999

    SA Water Special Water Meter Reading

    A non periodic reading of a property's water meter.

    SMR

    SMR is an abbreviation for Special Meter Reading, See SA Water Special Meter Reading.

    Stoppers

    Examples: See Caveats and Liens.

    Strata Plan (S)

    See Plan Type.

    Strata Corporation

    A corporation created by the deposit of a strata plan and consisting of the registered proprietors of the units defined on the plan.

    Street Types

    See Street Types for abbreviation used.

    Survey Plan

    Plan showing survey marks and certified correct by a Licensed Surveyor.

    Survey Plan Image

    Survey Plan Images contain scanned images of survey plans. These plans show the boundary measurements of properties as well as other information used by surveyors.

    TATS

    Torrens Automated Title System.

    Tenancy in Common

    One 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.

    Title

    A right to the possession of property which may be enforced by legal action.

    Title Reference
  • Certificate of Title (CT) A document or certificate issued pursuant to the RPA, which certifies that the person named therein as the registered proprietor has title to the land described in the certificate. (It can exist in a manual (Imperial or Metric) or computerised (TATS) format). There are two copies of each certificate of title, the original being retained by the Lands Titles Office, whilst the duplicate is delivered to the registered proprietor.
  • Community Title (CT) A Certificate of Title for a community lot, community strata lot, development lot or common property in a Community Plan.
  • Crown Lease (CL) A lease of Crown Land authorised by statute (e.g. the Crown Lands Act 1929). Crown Leases are issued in duplicate and are dealt with in a similar way to certificates of title.
  • Crown Record (CR) A computerised record of Unalienated Crown Land. It must not be confused with a Certificate of Title (to which it bears some superficial visual resemblance).
  • Limited Title (LT) A certificate of title issued as part of the conversion process from the old system, where either survey data or proof of ownership is insufficient to issue a regular certificate of title.
  • Torrens 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:

  • that it is the act of the Registrar-General in registering a dealing which passes the legal title to land or creates legal interests therein;
  • that registration confers indefeasibility of title;
  • that it is not necessary for a person intending to deal with the land to investigate the history of a registered proprietor's title; and
  • that the title is guaranteed by the government, such that should a person be deprived of an interest in land, he or she will be paid monetary compensation.
  • The system is named after its creator, Robert Torrens, who introduced it in South Australia in 1858.

    Town Plans

    See Plan Type.

    Transferor

    The person transferring any land, mortgage or lease.

    Transferee

    The person to whom any land lease or mortgage is transferred.

    Transmission

    The 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 Code

    See Code Explanation for Urban and Rural Properties.

    If you have queries on building improvements, please contact your nearest LSG office.

    Values
  • Site Value - the value of the land including site improvements (such as levelling, retaining walls and clearing of timber) but excluding structural improvement.
  • Capital Value - the value of the land including all improvements permanently attached to the ground (such as buildings and sheds). The Capital value is used by Rating Authorities as the basis for the levying of rates, taxes and other imposts. The value is determined annually and based on the analysis of market evidence.
  • Notional Value - concessional property valuations that protect existing uses where there is pressure to alter the use away from the current use or the current zoning allows for a more valuable use. The notional value will disregard any potential enhancements to value including existing land divisions. The lower notional value will be used by rating authorities to provide rate relief to the owners. Refer to the Valuation of Land Act 1971 Section 22A and 22B.
  • The types of notional values are:

    • Residential - to qualify the owner must be a natural person and the property is their principal place of residence;
    • Rural - to qualify the land must be genuinely used for the "business of primary production";
    • Heritage - to qualify the land must form part of the State Heritage as defined under Section 22B of the Valuation of Land Act 1971;
    • Native Vegetation - granted under the Native Vegetation Act 1993. To qualify an agreement must be registered on the Certificate of Title under Section 23 of the Act.

    Please note that a combination of notional value types for a particular parcel of land will be granted where applicable.

    Worker'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 Code

    Further detail is available from Planning SA, South Australia Development Plans.

     

     


     
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    Last Modified: 15/08/2008 11:29:24
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