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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Re-lodgment: The subsequent lodgment of a dealing, plan or other document following uplifting and compliance with a LPI requisition.

Receiver: A person authorised to manage the affairs of a bankrupt, or a person appointed by a mortgagee to manage the financial affairs of the mortgagor. This applies to both individuals and companies.

Reduced Level: The relative height of a point in relation to a known datum, usually AHD.

Reference Mark: A survey mark of a durable nature placed or situated near and connected by measurement to a corner, angle or tangent point of a survey.

Register: (The Torrens Register) The land titles Register maintained under the Real Property Act 1900 to record information about parcels of land or strata lots, including names of owners and any interests or dealings affecting the titles for such lots or parcels.

Registered Plan: A category of plan of subdivision being a plan of survey containing 5 or more lots of land held under Common Law title, and registered by the Registrar General. This plan series was discontinued in 1961. Existing plans were renumbered in the DP37000 series.

Registered Proprietor: The person(s) seized or possessed of the freehold or other estate or interest in land and recorded on the title as being the owner.

Registrar General: The Registrar-General is the official title of the state government official responsible for land title records in NSW.

Registration - Dealings: The recording of the effect of a dealing against the relevant folio of the Register. Such recording usually results in a change of ownership or entry/removal of a second schedule notification.

Registration - Plans: Upon registration the pattern of subdivision is given a legal identity and lots in the plan may be sold as such at this point.

Requisition: A form or letter requiring that certain action be taken, done, given, amended, furnished, etc to allow a dealing, plan or other document to be registered.

Rescission: The act of rescinding. (Reservation of land for a specific purpose ie a lease). A termination of a contract either by an act of the parties to the contract or a court.

Reservations and Conditions in the Crown Grant: Reservations and Conditions in the Crown Grant is a clause noted on most certificates of title in NSW. The original Crown Grant will specify what conditions the Crown imposed when it first granted the land. That original Grant may have related to a much larger parcel of land, of which the land in question was once part. If the owner or customer is interested to find out what conditions apply to their parcel of land then they will have to search back through the prior titles until they locate the original Grant. This search may require a visit to our Sydney Queens Square office.

Residue: Land remaining in an otherwise cancelled folio of the Register, eg sites of roads remaining after the folio has been cancelled by subdivision.

Restrictive Covenant: Originally a covenant by the purchaser with the vendor not to use the land for a specified purpose or in a specified manner. To be enforceable against the purchaser and successors in title it must be restrictive in nature and may not impose a duty to do any positive act, whether or not it involves spending money. Now called a 'restriction on the use of land', it is usually created by Section 88B Instrument.

Resumption: The compulsory taking of land or an easement by the State of NSW or a statutory authority under an Act of the State by a notification in the NSW Government Gazette. For the purposes of bringing land under the Real Property Act 1900 includes a compulsory acquisition by the Commonwealth of Australia.

Resumption Application: An application to the Registrar General by a resuming authority to be recorded as the registered proprietor of land.

Reversion: The interest in an estate that reverts to the grantor or his/her heirs at the end of a period.

Right of Way: A right of way is an easement allowing a right to use part or all of another property for access purposes.

Riparian: This word relates to rivers, streams or any other natural watercourse.

Riparian Rights: The rights of the proprietor of a parcel of land abutting a stream to use the water flowing through it.

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