South Australian Consolidated Acts

HOUSING IMPROVEMENT ACT 1940 - SECT 84

84—Proof of ownership

        (1)         In any legal proceedings under this Act—

            (a)         evidence that the person proceeded against is rated in respect of any land or premises to any general rate in the municipality or district council district in which such land or premises are situate; or

            (b)         evidence by the certificate of the Registrar-General that any person appears from any memorial of registration of any deed, conveyance, or other instrument to be the owner, proprietor or mortgagee of any land; or

            (c)         evidence by a certificate signed by the Registrar-General, that any person's name appears in any register book kept under the Real Property Act 1886 as owner, proprietor, or mortgagee of any land,

shall (until the contrary is proved) be evidence that such person is owner, proprietor, mortgagee or occupier (as the case may be) of such land or premises.

        (2)         If the person appearing to be the owner of any land is absent from South Australia, or if his address cannot after reasonable inquiries and searches in the office of the Registrar-General be found, any agent or person authorised to deal with the land in any way shall for the purposes of any legal proceedings under this Act be deemed to be such owner: Provided that—

            (a)         such agent or person may recover from such owner any penalty in which he has been convicted, or any expenses to which he has been put or any sums of money or costs which he has expended in and about such land, pursuant to this Act, whether under the compulsion of legal process or not; and

            (b)         nothing herein shall prejudice, exclude, or take away any other methods of proof.