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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SCIMS: Survey Control Information Management System - the computer database of the State Control Survey network. SCIMS allows access to survey control information including permanent marks, co-ordinates etc and is used by surveyors for survey accuracy.

SIGA: Security Interest in Goods Act 2005 - this Act provides for the registration of securities held over assets and goods, such as livestock, crops, bills of sale, agricultural goods, stock, wool and aquaculture fish mortgages.

Schedule of Unit Entitlement: A schedule on community and strata plans listing the individual entitlement of every lot in the scheme. Used to apportion voting rights etc to registered proprietors.

Scheme: A plan adopted for residential development – a community scheme, a precinct scheme, a neighbourhood scheme or strata scheme.

Search: To search is the act of inspecting the Register for title information required to prepare documents or to satisfy inquiries on Reference Sheets, maps or plans for survey information required for the investigation deposited plans or strata plans or for conveyancing or other purposes.

Search Sketch: A diagrammatic record of the documents forming the chain of title. It illustrates the land description in each successive deed.

Second Schedule: That part of a folio which lists exceptions, restrictions, easements and other interests or notifications affecting the land.

Section 88B Instrument: An instrument under the Conveyancing Act 1919 lodged with a deposited plan or strata plan to create easements, restrictions on the use of land and positive covenants upon registration of the plan as an alternative to the creation of easements via a dealing.

Service Line: A pipe, wire, cable, duct or pole by means or which service is or is to be provided to a lot in a community scheme.

Service Provider: A statutory or government authority that provides a service to a lot in a community scheme by means of a statutory easement.

Servient Tenement: The land affected or burdened by an easement.

Share Title: A separate title issued for a registered proprietor’s share or for certain estates in a land title.

Special Resolution: A resolution of the community, precinct or neighbourhood association passed with at least 75% of eligible voted.

Stamp Duty: An ad valorem state tax on real estate transactions with a sliding scale commencing at 1.25% of the consideration sum.

Statutory Easement: Easements for the provision of essential services within a community, precinct or neighbourhood scheme - s36 Community Land Development Act 1989. Terms are set out as a by-law in the Management Statement and the sites are shown in the Service Works plan.

Strata (stratum): The concept of layer upon layer - lots, stacked one on top of the other.

Strata Lot: A lot defined in a plan lodged under strata scheme legislation. Includes lots wholly or partially inside building, external lots (that maybe wholly or partially covered) and open space lots.

Strata Plan: A plan lodged with NSW LRS creating individually-owned lots and common property within a parcel of land defining lots by a cubic space(s). Normally, a strata plan pertains to multiple units within a building.

Stratum Lot: A parcel of land restricted in height and/or depth by reference to Australian Height Datum (AHD) or other datum approved by the Surveyor General.

Stratum Subdivision: The division of land which at least one boundary between the lots in the subdivision is defined by a plane that is not vertical ie horizontal or inclined planes. This type of boundary results in the creation of lots on top of each other.

Sub-lease: A lease of a lease.

Subdivision: The division of land into parts for separate occupation and/or disposition. The land may be subdivided either vertically or by stratum.

Subdivision Certificate: The consent of the required authority, Local Council, accredited certifier or the Crown to the subdivision of land. Endorsed in the panel on the plan.

Subsidiary Scheme: A precinct scheme, neighbourhood scheme or strata scheme that subdivides a development lot in an existing community or precinct scheme.

Subsisting Interest: Any contingent or vested estate or interest in land, pursuant to s28K Real Property Act 1900 in existence at the date of issue of a Qualified Certificate of Title.

Survey (Plan): A representation or drawing of land surveyed, prepared from particulars recorded in a field book of a surveyor.

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