A Glossary of definitions and terms used in land administration
Acquisition of Land: Land which may be bought back or received by the Crown, Government instrumentalities or local governments for public purposes. Owners are recompensed at the land’s current market or assessed value.
Board of Management (Reserves): Large reserves may be managed by a board. Such boards are appointed under the Parks and Reserves Act, and the Minister of Lands is responsible for appointments to these boards.
Caveat (Buyer beware): A warning to a person searching the original Certificate of Title that there is a claim lodged on the Title to the land, which may prohibit the Registrar of Titles from registering a dealing upon that Title.
Certificate of Title: A page of the Register book specifying the ownership of a defined land parcel, and the lodged or registered interests or claims against that ownership (encumbrances).
Closed Road: A Public road closed by legal processes. The land involved is usually disposed of to the owners of neighboring properties.
Conditional Purchase Lease: These leases relate solely to Agricultural and Grazing land, and are for terms varying from 25 to 30 years. Up to 2000 hectares (or 4000 with special approval) may be held by one party. The lessee pays a rental sufficient to cover the purchase price and if all land development conditions are met, they are then entitled to become the owner.
Conditional Purchase Licence: As for a Conditional Purchase Lease except that the term is limited to 7 years during which development conditions must be met. The holder of the licence then has 12 months in which to pay the purchase money.
Control of Reserve: Reserves are generally under the control of DOLA, but may be placed under the control of an Authority or organization.
Crown Grant: A legal document issued in the name of Her Majesty, which transfers a defined portion of Crown land in fee simple, to the person named, after certain conditions are met. It may set out restrictions on how the land is to be used.
Crown Lease: A land lease issued for a period of 5 years or more, under the Land Act. The lease document is registered under the Transfer of Land Act.
Dedicated Road: A road set aside for use by the public, the absolute property of which is vested in the name of the Crown. The Main Roads Department or Local Government Authorities are responsible for managing such roads.
Deeds Act: Any land transferred from the Crown before 1 July 1875, occurred under this Act. The Act provides a system for the registration of deeds, wills and any other legal documents affecting the land. Documents issued under this Act are stored in the Office of Titles. The full name of this Act is the Registration of Deeds Act, 1856.
Easement: Gives a person or a company “rights of use or engagement” over land owned by another.
Encumbrance: A lodged or registered interest in land, by a person who is not the registered proprietor. Examples are mortgages, lease agreements, caveats and easements.
Fee Simple: Also known as Freehold. The greatest estate that can be held by a person without being the absolute owner, which is the Crown. About 17.7 million hectares or 7% of the State is freehold land.
Instrument: A category of legal document which includes transfers, easements, leases, mortgages, etc., under any Act which affects the registration of land dealings.
Joint Tenancy: The ownership of land in common by more than one person where there is a right of survivorship, this is where on the death of one joint owner, the share of the interest of the deceased goes to the surviving owners.
Land: Includes the space above and below the surface (which may vary in depth). It may specifically include or exclude the right to some minerals.
Land Act 1933: An Act of Parliament to consolidate and amend laws relating to Crown Land.
Lease: A grant of possession of property for a number of years at specified rentals and subject to various conditions. The registered proprietor has certain re-entry rights if the lessee defaults by not observing the conditions of the lease, or by not paying the specified rentals.
Lease of Reserve: Reserves can be leased direct by the Crown for periods up to 10 years for any purpose, under rental conditions specified by the Governor. Reserves may also be leased by parties holding a formal vesting order, provided the order includes the power to lease.
Lease of Town & Suburban Land: Although this practice was discontinued many years ago, there are numerous leases of this type in existence, mainly for residential purposes, the majority of which are for terms of 99 years. Most of these leases confer upon the lessee the right to acquire the fee simple, at prices ranging from the original to the present capital unimproved value.
Licence to Occupy: A certificate given under the authority of the Minister for Lands authorizing the purchaser to enter and hold the land, subject to the terms and conditions specified.
Management of Reserves: The Department maintains a Crown Reserve Register which includes details of the size, purpose, locality, etc., of all Crown reserves in Western Australia. It also shows who controls the reserve.
Memorial: A copy of a land related document lodged at the Office of Titles evidencing a transaction under the Registration of Deeds Act 1856.
Memorial (of advertisement): A document lodged at the Office of Titles by a Local Authority, showing evidence that the legal requirements necessary to sell land for the non-payment of rates, have been attended to.
Memorial (prohibiting dealings in land): A document lodged at the Office of Titles under one of a number of statues, which when noted on a Certificate of Titles acts as a caveat.
Memorial (Deed Poll Registration): A document lodged under the Registration of Deeds Act 1856, notifying the change of name of a person. All deeds lodged prior to 1957 are filed in the Office of Titles. Deeds lodged since then are filed in the Registrar General’s office.
Mortgage: Agreement to the repayment of a loan with interest, over a certain time, by the owner of a property to the mortgagee.
Mortgagee: The lender of the moneys covered by the mortgage, for example a bank, to the owner of the property.
Mortgagor: The borrower who has used his/her property as security for the mortgage debt.
National Parks: Usually “A” class reserves, controlled by the Department of Conversation and Land Management, through the Nationals Park and Nature Conversation Authority.
Nature Reserves: Reserves set aside for the conservation of flora and fauna. They are for the most part controlled by the Department of Conservation and Land Management, through the National Parks and Nature Conservation Authority.
Ownership: All land is subject to Tenure which means the Crown is the ultimate owner. Land holders are tenants in one form or another and are termed Registered Proprietors.
Pastoral Lease: A lease over land which gives the lessee the right to graze stock on the natural vegetation. Pastoral leases are limited to the natural surface of the land only, and the lessee has no right to the soil or timber. Areas leased vary in size up to 500,000 hectares. All pastoral leases expire on the 30th June 2015.
Pedestrian Access Way: Land acquired by the Crown for use as a footway.
Permit to Occupy: Issued on request and only after the full purchase money and Crown Grant fee has been paid and the conditions of purchase satisfied.
Perpetual Lease: Relates to properties settled by eligible ex-serviceman after the last World War. Perpetual leases were granted pursuant to the provisions of the War Service Land Settlement Act. The Commonwealth owns the land in Fee Simple and leases it under special arrangements with the State. Provided conditions are met, the lessee may pay the agreed option price and receive the freehold of the land.
Power of Attorney: Gives authority to another person to act on an individual’s behalf. The document should state what powers this person has and for what time length. The Transfer of Land Act contains a schedule (19th) form, which must be used and closely followed, to deal in land.
Private Road: A roadway on privately held land, which is restricted in use to certain land owners. It is set out on an Office of Titles survey.
Private Right of Way: A narrow strip of land generally in a private subdivision and legally available only to owners of blocks in the subdivision.
Property: A general term describing a person’s possessions. “Real Property” refers to a particular piece of land owned by a person.
Public Road: A road dedicated to use by the Public. Such roads are controlled and managed by the Local Authority or the Mains Roads Department. Also referred to as a dedicated road, gazette road or street.
Public Right of Way: Land vested in the Crown as a condition of subdivision.
Registration of Deeds Act 1856: See Deeds Act, above.
Reserves: Areas of Crown Land reserved for various public purposes, e.g. parks, recreation, drainage or church sites; the reserve is identified by a number, e.g. Reserve No. 12345. Reserves may be vested, leased or Crown Granted in Trust. There are 3 different categories of reserves.
· Class “A” reserves forever remain dedicated to the purpose declared, until by an Act of Parliament it is otherwise amended. Class “A” is used where there is a need perceived for the highest form protection, for example “Kings Park”, or national parks.
· Class “B” reserves are seen as warranting high protection than usual, but not to the extent of Class “A”. Class “B” reserves may be varied by Governor in Executive Council, but amendment must be notified to Parliament.
· Class “C” reserves form the vast majority of reserves. Amendments to or the declaration of Class “C” reserves are determined by the Governor in Executive Council.
Resumptions: Land may be resumed for a variety of public purposes, generally using the powers of the Public Works Act, 1902. The Crown, a Crown Instrumentality, or a Local Authority has the right to resume land. The process of resuming land frees it of all encumbrances, rights or easements. Notice of such resumption is published in the Government Gazette and takes effect immediately on publication. The act of resumption gives owner(s) certain rights to claim compensation.
Right of Way (R.O.W.): A right of way is a strip of land available either for use by the general public, or a restricted section of the community, and may be created by subdivision, specific transfer, or continued use over a period of years.
Search of a Parcel of Land: Search is the common term used to describe the process of obtaining details, usually in the form of a photocopy of a document, of a parcel or parcels of land; for example, a “Title Search” refers to obtaining a photocopy of a Certificate of Title.
Special Lease: Crown Land may be leased for a variety of purposes as set out in the Land Act, for terms not exceeding 50 years, at annual rentals of not less than $4.00.
State Forest: A portion of the Crown Estate wholly devoted to forestry purposes. These are controlled by the Department of Conservation and Land Management through the Forests Commission.
Stock Route: A strip of land reserved for the droving of livestock from farm to port or market. Generally within the northern regions of the State. It is not a road unless so dedicated.
Tenants in Common: Where there is a desire of two or more people to hold the land in undivided shares. For example X has 1/3 share and Y has a 2/3 share of the land. Both X and Y can transfer their shares to another or others. On the death of one party the land does not automatically go to the remaining partner unless stated in the will.
Tenure: Commonly referred to as ownership; however land differs from goods in that no person can possess land in absolute ownership. Tenure is the system of holding land for the Crown.
Torrens System: The present system of land title registration used by the Office of Titles. This system has simplified the registration of land dealings and guarantees the Title of a land owner. It ensures that a person need not look further than the original Certificate of Title to ascertain all the registered interests in the land.
Transfer of Land Act: An Act of Parliament which sets up a public register of title to land, maintained by the Registrar of Titles.
Trusts, Grants in Trust: Reserved land may be granted in trust to a party under certain limited circumstances – for example where substantial capital costs require a high order of security, but the developer is of a charitable nature, justifying Government assistance in the form of a low cost grant of land. The Trust secures the land for the specified purpose and prevents it later sale. If sale should be agreed to at a later stage, reference to Parliament is necessary to remove the Trust, and sale proceeds are retained by the Crown. Some grantees of Trust land may be governed by Special Acts of Parliament, which convey certain rights in relation to Trust land.
Trustees: Persons appointed as substitutes for the registered proprietor, or owner, usually with a direction (for example a Will or Club Constitution) as to the management of the land.
Unvested Reserves: For the most part these reserves are wholly under the control of DOLA. Recommendations for alternative vesting, but with the same purpose, are made by Regional Managers, to allow reserves to be controlled by other agencies, for example “water reserves” by the Water Authority of Western Australia.
Vacant Crown Land: Crown Land not currently being used or reserved for any future purpose.
Vesting Orders:
1) Reserves may be placed under the control of an authority or organization by means of a Vesting Order issued by order of the Governor in Executive Council. Reserves may be vested in local government authorities, government departments, government instrumentalities, or private incorporated bodies, for example racing clubs and community organizations.
2 The Commissioner of Titles may issue an order vesting freehold land in an applicant.
3 The Courts (Supreme and Family Court of W.A.), can issue orders vesting freehold land in an applicant.
Warrant: Issued out of the Local Court, a warrant acts in the same way as a caveat, by preventing the registration of documents. It remains effective for a period of 4 months after issue and may be renewed by lodging a further warrant. It also permits a forced sale of the property, by the Court Sheriff or Bailiff, to satisfy a debt.
Way of Necessity: Agreement between two parties to allow a person access to his/her property by means of crossing the other person’s property. It may give rise to a legal right of way.
Writ of Fieri Facias: Issued from the Supreme Court or District Court, this has the same effect as a Warrant.
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