A right attached to the ownership of land (the dominant land or tenement) to utilise other land which is usually held by a different person (the servient land or tenement) in such a way as to benefit the dominant tenement. Examples include a right of way, or an easement for drainage or water supply.

Encumbrance (E)

The instrument by which land is charged with or made security for, the payment of an annuity, rent-charge or sum of money (not being a debt). Frequently, an encumbrance will contain restrictive covenants aimed at controlling the future use or development of the land.

In the generic sense, a claim, lien or liability attached to the land, including a mortgage, lease, warrant of sale, an encumbrance as described above in point 1, and, (in some cases) the interest claimed by a caveator.


The registered proprietor of an encumbrance.


The registered proprietor of land subject to an encumbrance.

Enduring power of attorney

A Power of Attorney that permits the donee or attorney to continue to act for the donor even though the donor may suffer from a legal incapacity. See also power of attorney.

Equivalent main area

The total area under the main roof with percentage reductions for structures that are considered to be a lesser component or of differing construction than the main structure - eg carports, garages, verandahs, porches and rear lean-to.


An interest in land, classified either as a freehold estate (being one of uncertain duration) including the fee simple, fee tail or life estate; as a leasehold estate (being of a duration which is either certain or which is capable of being rendered certain). The third classification of an estate is that of a Crown lessee.

The total property of a person - eg the estate of a deceased person or of a person who is bankrupt.

Estate or interest

See legal estate or interest. Interests include a mortgage or charge.


A person appointed by the will of a person (the testator or testatrix) to carry out the provisions of the will upon the death of the testator/testatrix. An executor/executrix cannot register a dealing with the land until the will has been proved to be the last valid will and testament of the deceased, and he or she has received a grant of representation from the court, called probate.