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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MHWM: Mean High Water Mark - the line defining the mean between the high tides at ordinary spring and neap tides.

MPS: Miscellaneous Plan of Subdivision (Old System - OS) and (Torrens title - RP) - these plans were discontinued in 1961. Existing plans were renumbered in the DP300000 (RP) and DP150000 (OS) series.

Management Statement: A statement lodged with a community scheme and some strata schemes which sets out the by-laws and other particulars governing the participation in the development.

Memorial - Old System: Various Acts specify that certain memorials and documents shall be lodged and/or recorded in the Registrar General's Office. Generally these things used to be lodged with the Supreme Court but custody was transferred to this Department pursuant to the Transfer of Records Act 1923. Memorials in this case are usually in the form of an affidavit and will be recorded in the General Register of Deeds.

Memorial - Torrens: The most common is a notation entered on a folio of the Register to record details of the registration of a dealing or plan.

Metes and Bounds: Is a traditional method of land surveying in which the boundaries of land parcels are recorded in terms of direction and distance.

Minor: A person under the age of 18 years. A minor does not have full legal capacity and cannot make a will.

Moiety: An archaic term used in law to mean 'half'.

Monument: In surveying it means a natural or artificial object or point thereon or mark, which object, point or mark is used for the purpose of locating a boundary or a point thereon.

Mortgage: In relation to land held under Common Law, a conveyance of land subject to an equity of redemption. In relation to Real Property Act land, a charge on the land created merely for securing payment of a debt. When the debt is repaid, the mortgage is normally discharged.

Mortgagee: The proprietor of a mortgage, ie. the party lending the money, commonly a bank.

Mortgagor: The party who has taken out a loan which is secured by a mortgage.

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