Real Property Act 1900 (NSW)

Real Property Act 1900 No 25

An Act to consolidate the Acts relating to the declaration of titles to land and the facilitation of its transfer.

Part 1A Preliminary

1 Name of Act This Act may be cited as the Real Property Act 1900.

2 Repeal of Acts (1) The Acts mentioned in Schedule 1, to the extent therein expressed, are hereby repealed, and all lands, estates, and interests which at the commencement of this Act are subject to the provisions of the Acts so repealed shall be subject to the provisions of this Act. (2) All rules, forms, and orders made under the provisions of any Act hereby repealed and in force at the commencement of this Act shall be deemed to have been made under the corresponding provisions of this Act. (3) All applications duly made, registrations duly effected, proceedings duly commenced or had, and acts or things duly done under the Acts hereby repealed shall be deemed to have been duly made, effected, commenced, had, or done respectively under the corresponding provisions of this Act, but at the date on which the same were in fact made, effected, commenced, had, or done. (4) All laws, statutes, Acts, ordinances, rules, regulations, and practice whatsoever relating to freehold and other interests in land operative on the first day of January one thousand eight hundred and sixty-three are, so far as inconsistent with the provisions of this Act, hereby repealed so far as regards their application to land under the provisions of this Act, or the bringing of land under the operation of this Act. (5), (6) (Repealed)

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.