Common terms - Land titles
The following terms are commonly used in relation to land dealings. Find out more about what they mean.
Person entitled to administer a deceased or represented person’s estate. The administrator must administer the estate in accordance with the provisions of the Administration and Probate Act 1958 or the Guardianship and Administration Act 1986.
Adverse possession is a legal rule that enables the occupier of a piece of land to obtain ownership of it if they can prove uninterrupted and exclusive possession of the land for at least 15 years.
A caveat is a document any person with a legal interest in a property can lodge with Land Victoria. After registration, a caveat note appears on the title giving prospective buyers notice that a third party might have rights over the property.
Certificate of title
A document that is a printed duplicate of an electronic record contained in Victoria's online land titles register. In most cases you will need to produce the certificate of title when lodging a dealing at Land Victoria.
The legal process to transfer a property from one person to another.
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A covenant is a written agreement between the seller and purchaser of a piece of land restricting what the land can be used for. For example restricting the type of building material the purchaser can use.
Crown land is land that is owned by the government. Crown land is usually set aside for a specific public purpose. When Crown land is released to the public, it is said to be alienated from the Crown and a Crown Grant in the name of the purchaser is issued.
Any form together with supporting documents lodged at Land Victoria..
Discharge of mortgage
A discharge of mortgage is a type of dealing lodged at Land Victoria, usually by a bank or financial institution, after a mortgage has been repaid. On registration, reference to the mortgage is removed from the title.
An easement is a right held by someone to use land belonging to someone else for a specific purpose. Common examples of easements are drainage, water pipe and carriageway easements.
Electronic Conveyancing (EC)
EC is an online system used by conveyancers, solicitors and financial institutions on behalf of their clients (vendors and purchasers) to conduct financial property settlements, lodge and register property transactions, and pay duty and land tax.
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An encumbrance is an interest in a piece of land by someone other than the registered owner. Encumbrances place limitations on a property. Examples include mortgages, easements, leases and restrictive covenants.
A person appointed to execute the will of a person who has died and is entitled to deal with that deceased person’s estate.
Ownership of land in common by two or more persons where there is a right of survivorship. That is, upon the death of one joint owner, the land as a whole passes to the survivor(s). Your manner of holding will default to joint proprietorship if you do not specify your preference in the transfer of land document.
Land index search
If you do not have the volume and folio reference for the parcel of land you are searching, you will need to do a land index search. This search will give you the volume and folio details of a land parcel when you enter an address.
Land Victoria is a division within the Department of Environment and Primary Industries, is responsible for creating new titles and registering changes to titles. It provides authoritative information on and services relating to Crown and freehold land, property valuation and survey advice, and access to title, survey and property sales information.
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A land title is an official record of who owns a piece of land. It can also include information about mortgages, covenants, caveats and easements affecting the land.
Legal personal representative
An executor or administrator.
The submission of specific documents to Land Victoria, necessary to register a dealing.
Manner of holding
The way in which two or more owners hold land. For example, as joint tenants, or as tenants in common in equal or unequal shares.
Most people who buy a house need to borrow some part of the purchase money, usually from a bank. The bank will normally require a mortgage to be given by the borrower as security for the repayment of the loan. The mortgage is registered on the title to the property. A mortgage sets out the terms and conditions of the loan, including the rights of the bank in the event that the borrower fails to repay the loan.
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A body corporate is responsible for the maintenance and administration of common property. Common property is a shared or common area as defined on a plan of subdivision and often includes areas such as communal driveways, stairwells and laundries. For example, most blocks of flats or units have a body corporate.
Parcel or land parcel
A land parcel is an individual piece of land for which a land title has been issued.
Plan of consolidation (CP or PC)
A plan that depicts the joining together of two or more abutting titles.
Plan of subdivision (LP or PS)
A plan that depicts the break-up of a piece of land, showing parcels of land, commonly called ‘lots’, that can be sold separately.
Referral authorities include relevant servicing and statutory agencies such as water, gas and electricity suppliers. Referral authorities can impose conditions on proposed developments (eg. water supply conditions).
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A parcel of land owned by a single person.
Subdividing means dividing land into two or more parts that can be sold separately. A plan of subdivision shows this break-up.
Surveyors mark land boundaries – the lines that run between properties. They confirm existing boundaries, create new ones when land is subdivided or a development is being planned and provide advice on boundary issues.
Tenants in common
Ownership of land by two or more people where each person is entitled to occupy the whole of the land in common with the others, but where none of them are entitled to the exclusive possession of the land. On the death of one of the proprietors, their share does not pass on to the survivors, but passes to the executor or administrator of the deceased. You can specify that shares be equal or unequal, between people owning a parcel of land as tenants in common.
Transfer of land
Changing ownership details on a title is known as a transfer of land.
Victorian Water Register
The Victorian Water Register is the public register of all water-related entitlements in Victoria.
Volume and folio
Volume and folios are unique identifiers used in the numbering system that identifies individual land titles, relating to freehold land, Crown grants and Crown leases.
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