Land registration glossary

A 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, provided 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 Use Victoria. After registration, a caveat note appears on the title giving prospective buyers notice that a third party might have rights over the property.

A document that is a printed duplicate of an electronic record contained in Victoria's online land titles register (VOTS). In most cases you will need to produce the certificate of title when lodging a dealing at Land Use Victoria.

Statements made by a certifier that they have undertaken a specific action.

A person who has, or persons who have, appointed an Australian legal practitioner (lawyer), a law practice or a licensed conveyancer as their representative.

A document by which a party to a conveyancing transaction authorises a subscriber to complete a conveyancing transaction electronically.

The Subscriber providing the certifications.

The legal process to transfer a property from one person to another.

A transaction that involves one or more parties and the purpose of which is:

(a) to create, transfer, dispose of, mortgage, charge, lease or deal with in any other way an estate or interest in land, or

(b) to get something registered, noted or recorded in the titles register, or

(c) to get the registration, note or record of something in the titles register changed, withdrawn or removed.

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 Use Victoria.

A discharge of mortgage is a type of dealing lodged at Land Use 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.

The use of an ELN to lodge an Instrument with the Land Registry.

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, sewerage and carriageway easements.

Electronic Certificate of Title.

Electronic Conveyancing National Law.

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.

Electronic Lodgment Network.

Electronic Lodgment Network Operator.

A statutory instrument which forms part of a conveyancing transaction e.g. Transfer of land.

‘Joint proprietors’ is a manner of holding land by two or more people. If one of the owners dies, the property automatically passes to the surviving owner or owners. Married or de facto couples often own their property in as joint proprietors.

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.

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.

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.

The office of the Registrar of Titles.

Land Use Victoria, a division within the Department of Transport and Planning (DTP), 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, survey advice, and access to title, survey and property sales information.

The submission of specific documents to Land Use Victoria, necessary to register a dealing.

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.

A non-represented party is a person required to sign a paper conveyancing instrument who is not represented by a conveyancer or lawyer.

An owners corporation 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 an owners corporation.

A land parcel is an individual piece of land for which a land title has been issued.

A plan that depicts the joining together of two or more abutting titles.

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).

The Registrar of Titles determines requirements for paper transactions. The requirements also include direction as to what Instrument types must be lodged in an ELN.

Generic instrument types to be lodged in an ELN and categorised as one of the following: change proprietorship, record an instrument, vary an instrument, remove an instrument or request an action by the Registrar.

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.

A person who is authorised under a participation agreement to use an ELN to complete conveyancing transactions on behalf of another person or on their own behalf.

‘Tenants in common’ is a manner of holding land by two or more people. Tenants in common is when two or more people own shares in a property. The shares can be equal or unequal as specified. When an owner dies, their share is an asset of the deceased estate and can be dealt with by their executor or administrator after they have been appointed.

Changing ownership details on a title is known as a transfer of land.

The Victorian Water Register is the public register of all water-related entitlements in Victoria.

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.

Verification of identity - reasonable steps to verify the identity of a client.