Glossary

The meanings attributed to terms set out for the purpose of explanation only and are not necessarily valid legal definitions for other purposes.

Where precise definitions are sought appropriate statutes or authorities should be studied. See Greg Stilanou, Land Titling Law and Practice in NSW, Lawbook Co. 2013 [Definitions on pages xxvii – xxxi].

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Easement: A right, attached to land (the dominant tenement), to use other land (the servient tenement) for a specified non-exclusive purpose known to the law, e.g. right of carriageway, easement to drain water - however the law recognises an easement in favour of a statutory authority without a dominant tenement, described as an 'easement in gross'.

Encumbrance: A legal interest recorded on title such as a mortgage, lease, easement etc.

Epitome of Title: A summary of title, listing the documents comprising an Old System (common law) chain of title.

Equity of Redemption: The right of a mortgagor at common law to redeem the land conveyed by way of mortgage and so obtain a re-conveyance.

Established Permanent Mark: A permanent mark the position of which is precisely determined by co-ordinates to a SCIMS horizontal accuracy rating of 4 or less.

Estate: An interest in land, e.g. an Estate in Fee Simple or Leasehold Estate.

Estate Pur Autre Vie: An estate for the life of some other person, e.g. to A for the life of B - where A has an estate for the term of B's life.

Estate in Fee Simple: The greatest estate in land that can be held against the Crown. It is characterised by its inheritability, ie it is capable of being passed to heirs and/or assigns for ever or for so long as an owner can be found. The estate may be passed by a grant from the Crown, a deed, a transfer or by will or devolution of law etc.

Estate in Remainder: An estate limited to take effect and be enjoyed after another estate has been determined.

Examination Survey: Surveys undertaken by Office of the Registrar General surveyors to resolve anomalies in boundary definition. If appropriate, plans may be placed on public record. These plans are not used for title description or title issue.

Execution: The act of signing and sealing a document or instrument in the presence of witnesses.

Executor: Person appointed by the testator to carry out the provisions of the will.

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