4.0 Certificates of Title Numbers St Peters River Park

The River Torrens is an integral part of the City of Norwood, Payneham & St Peters landscape and its management has been influenced by many factors including the Torrens Title Land System.

A certificate of title (CT) is a’ Land Title’ which shows details of land registered under the Torrens Title system including the location, encumbrances and owners.

The historical issue of land title deeds and rights to the River Torrens/Karrawirra Parri (and its creeks) have meant that it was a highly prized financial asset in colonial South Australia and was part of the process of what constituted the legal definition of a boundary.

In Colonel Light’s survey map of 1839, the River Torrens was used as a boundary between two Sections of land. This boundary ad medium filum aquae was a Latin term in British common law meaning the centre thread of the water.

This meant that if a river or stream ran between two properties, the centre of the river was the boundary.

A land title or deed could also with respect to a river or creek where intersecting boundaries occurred could use the survey principal of the ‘top of the bank’ (not centre line) and this was recorded in the drawing up of the title and amendments to boundaries.

Both principles are reflected in the case regarding the St Peters River Park. In 1927 properties bordering the St Peters River Park at the rear of Eighth and River Street, St Peters, in CT 1032/104 where the original boundary of Allotments 725 to 733 was subdivided from the original title boundary of ‘the centre of the river’ to the ‘top of the bank’ of river and deposited as Plan 882 and a new titled issued as 1505/185.

The area at the rear of these properties was purchased in 1938 by the Corporate Town of St Peters and declared ‘Reserve Land’.

Fig 3 LTO Plan 882 showing change in ‘boundary’ of Allotments 725 to 733, Section 258 & 280 from ‘Centre of River’ to ‘Top of Riverbank’ 1927

The following is a reference list of current and ‘Old titles’ documenting the ownership, transfer of titles, compulsory acquisition, subdivision, cancelled titles and creation of new titles as part of the St Peters River Park development. (Note it is not a list of all titles just an indicative list).

The City of Norwood, Payneham & St Peters Community Land Management Plan (2021) lists the following current titles as part of the St Peters River Park:

10 River Street, St Peters CT 5875/802

Lot 31 Eighth Avenue, St Peters CT 5853/87

CT 5750/168; CT 5262/161; CT 5261/579

Lot 46 Eighth Avenue, College Park CT 339/70

Lot 46 Eighth Avenue, College Park CT 329/181,182

23 River Street, St Peters CT 5547/589

Lot 10 River Street, St Peters CT 5329/205

Lot 36 Gilbert Street, Gilberton Pt 5832/927; Pt 5875/665.

A number of the current certificates of titles pertain to earlier titles which were held by the former Corporation of St Peters which amalgamated in 1997 to become the City of Norwood, Payneham & St Peters.

Amendments to boundaries have also impacted on titles with the Town of Walkerville.

Over a period from 1938 until 1980 land was purchased by the former Corporation of St Peters Council and became the St Peters River Park in 1980.

Part of the reserve land designated as the St Peters River Park, and owned by the former Corporation of St Peters Council, was compulsorily acquired by the State Government in 1983, 1984 and 1988 under the Land Acquisition Act 1962-1972 for the construction of the North-East Busway and the Linear Park.

To understand this complex history of land acquisition, subdivision and of the transfer and sale of sundry parcels of land the following is a list of earlier certificates of land titles which are relevant to the development of the St Peters River Park precinct.

Certificates of Land Titles St Peters River Park and adjoining land in Sections 257, 258 and Section 475 land acquired St Peters Council from 1938

CT 1298/119 SP River Park, LT 725, St Peters Cr, July 1938, Reserve

CT 1505/185 SP River Park, PT 726-730, St Peters Cr, July 1938, Reserve

CT 1804/150 River St, PT 739, St Peters Cr, Nov 1942, Drain

CT 1357/43 LT 475 & 476, Pt 477, 478 St Peters Cr, April 1966, Recreational

CT 3470/197 SP River Park, Lots 475 & 476, Pt 469,470,477, 481, PT A, St Peters Cr, Feb 1967, Reserve

CT 3470/199 SP River Park, PT A, St Peters Cr, Feb 1967, Easement

CT 3492/180 SP River Park, Pt 34 Section 475, St Peters Cr, July 1967, Reserve

CT 3499/141 SP River Park, Pt 731-739, St Peters Cr, Jul 1967, Reserve

CT 3512/87 SP River Park, PT 5, St Peters Cr, Sept 1967, Reserve

CT 3544/197 SP River Park, PT 734, St Peters Cr, Feb 1968, Reserve

CT 1371/101 SP River Park, Pt 479-480, St Peters Cr, Feb 1969, Reserve

CT 1533/10 SP River Park, LT 828, St Peters Cr, Mar 1971, Reserve

CT 1533/11 SP River Park, LT 827, St Peters Cr, Mar 1971, Reserve

CT 528/147 SP River Park, Gilberton PT 32 & 33, St Peters Cr, Mar 1971, Reserve

CT 537/64 SP River Park, Goss Court LT 473-474, LT A, St Peters Cr, July 1971, Reserve

CT 3464/68 SP River Park, PT 32 & 33, St Peters Cr, Jul 1971, Reserve

CT 1505/180 River Street No 1, PT 727-728, St Peters Cr, Mar 1972, Sundry (Sold as 3 River St in August 1980)

CT 3877/37 SP River Park, Lots 475 & 476, Pt 469,470,477, 481, PT A, St Peters Cr, Sep 1972, Reserve

CT 1533/10 SP River Park, LT 828, St Peters Cr, Mar 1971, Reserve
New title CT 4206/821 LT 828 State Gov Acquisition Mar 1983, Busway

CT 1533/11 SP River Park, LT 827, St Peters Cr, Mar 1971, Reserve
New title CT 4206/821 LT 827 State Gov Acquisition Mar 1983, Busway

CT 3499/141 SP River Park, Pt 731-739, St Peters Cr, Jul 1967, Reserve
St Peters River Park Portion of Allotment 739 Section 258, St Peters Cr,
State Gov Acquisition Dec 1983, Busway

CT 3492/180 SP River Park, Pt 34 Section 475, St Peters Cr, July 1967, Reserve
St Peters River Park Portion of Allotment 34 Section 475 (south-west of centre of
River Torrens on Gilbert St side) State Gov Acquisition Dec 1983, Busway

*CT 3492/180 SP River Park, Lot 34, St Peters Cr, July 1967, Reserve
New title CT 4318/185, Lots 7 & 8 Gilberton Deposited Plan 22127
St Peters Cr, 1988 Amendment to Boundaries

*CT 3499/141 SP River Park, Pt 731-739, St Peters Cr, Jul 1967, Reserve
New title CT 4318/186, Lots 9,10,12 St Peters Cr, 1988 Reserve, Deposited Plan 22127
CT 4318/187 Allotment 3 Section 258 (Lots 832,833,834,836,837) St Peters Cr, July 1988
Reserve, Deposited Plan 22127

*CT 3877/37 SP River Park, Lots 475 & 476, Pt 469,470,477, 481, PT A, St Peters Cr,
Reserve, Sep 1972
New CT 4378/706 SP River Park, Lots 475 & 476; Pt 469,470,477, 481; PT A, St Peters Cr,
April 1991, Amendment to Hundred Boundary.

Fig 4
CT3464/68 title to what is now St Peters River Park - LG Perriam Oval and The Billabong which previously was Dangerfield’s Rubbish Dump. This land was compulsorily acquired by the Corporate Town of St Peters in 1971 after the major landholders refused to sell and it went to trial in the Supreme Court of South Australia in 1969 and ended up in the High Court of Australia.

Brief Summary St Peters River Park Acquisition of Land by St Peters Council 1938:

1938
Portions 726-730 from top of embankment to centre of river, at the rear of the properties facing Eighth Avenue and River Street, St Peters, were purchased in 1938 by the Corporation of Town of St Peters.
Portion 725 of Centre of River Torrens rear of Eighth Avenue purchased in 1938 by the Corporation of Town of St Peters

1942
Portion 739, River Street, Drain

1965
Portion of 737

1966
Area Goss Court 475,476,477,478 Recreational

1967
Area Goss Court & Eighth Avenue Lots 475 & 476, Pt 469,470,477, 481, PT A Reserve
PT A, River Torrens & Goss Court St Peters Cr, Feb 1967, Easement
Area Goss Court Pt 34 Section 475, St Peters Cr, July 1967, Reserve
Area rear River Street Pt 731-739, St Peters Cr, Jul 1967, Reserve
Area of River Bank Gilbert Street, Gilberton PT 5, Section 475 St Peters Cr, Sept 1967, Reserve

1968
PT 734, River Street St Peters Cr, Feb 1968, Reserve

1969
Harrow Road SP River Park, Pt 479-480, St Peters Cr, Feb 1969, Reserve

1971
Area Lots 827 & 828 SP River St, St Peters Cr, Mar 1971, Reserve
Pt Lots 32 & 38 River Torrens, Mar 1971, Reserve

1971
Compulsory Acquisition by order of the Supreme Court of SA of Lots 33 & 34 from Rogers & Brewster and Dangerfield to Corp of St Peters

1972
Pt 727/728 1 River Street purchased by Corp of St Peters sold 3 in 1980 (3 River Street)
Area Goss Court Lots 475 & 476, Pt 469,470,477, 481, PT A, St Peters Cr, Reserve, Sep 1972

1980
Pt of 727/728 River Street, St Peters Gazetted for sale by Corporation of St Peters