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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Temporary Road: A road (dedicated for the purpose in a Deposited Plan) used as a means of access to an isolated road for a limited period of time.

Tenancy in Common: Each tenant has a share in the entirety which does not accrue to partners on death. It may be disposed of during life or transmitted on death, either by will or according to the laws governing distribution. The shares may be equal or unequal and may be created separately.

Tenure: The mode of holding or occupying unalienated Crown land eg conditional purchase, perpetual lease etc.

Testator/Testatrix: Person who has died and left a will.

The Register: The Registrar General's Office record of ownership, restrictions and encumbrances affecting Real Property Act land.

Title Conversion: The action taken within LPI to convert parcels of Old System land to Torrens title. It includes actions under Part IVA Real Property Act 1900 and the more recent Conversion Actions (CAs).

Title Diagram: A diagram or plan endorsed on or referred to in a folio of the Register, illustrating the land in that folio.

Title Reference: The reference used to identify a title. For titles in the computerised system, the title reference is often presented in the format 1/10222, where 1 is the lot number and 10222 is the Deposited Plan Number. However, there are a range of other formats used. Prior to 1983 the title references were in the form of Volumes and Folios eg Vol 1234 Fol 567.

Title Search: A title search is an inspection of the register which will indicate the current owner or owners of a property and also shows the estate and any other interests that may restrict full control of the property by the owner. These other interests are called encumbrances and could include mortgages, easements, or caveats. Online title searches are available for 99% of titles in NSW.

Torrens Title: A term used to describe the system of title (or land) registration devised by Robert Richard Torrens, and adopted in NSW from 1863. Under this system, title is guaranteed by the state and purchasers do not need to establish the chain of ownership when purchasing property. They can rely on a current Certificate of Title document to evidence ownership of land.

Transfer: The passing of any estate or interest in land under the Real Property Act 1900, whether for valuable consideration or otherwise.

Transferee: The person to which the estate or interest is being transferred.

Transferor: The person transferring the estate or interest.

Transmission: The acquisition of title to or interest in land consequent on the death, will, intestacy or bankruptcy of a proprietor.

Transmission Application: An application for the transfer of title to or interest in land consequent on the death of a sole proprietor or tenant in common following probate.

Trustee: The person who holds property on trust for another. The prime duty of a trustee is to carry out the terms of the trust and preserve safely the trust property.

Trustee in Bankruptcy: An official appointed to manage the affairs of a bankrupt (as regards a person).

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