ADIS Code RU
A restriction limits the use to which land can be put.
A restriction created in favour of a prescribed authority, ie a statutory authority or a company prescribed by regulation, see s88D or s88E Conveyancing Act 1919, does not have land benefited by the restriction. Also see the Restrictions on use of land pages.
The operative word for a restriction on the use of land is "restricts".
Lodgment requirements
Stamp duty - Required if dated before 1.7.1998. If not marked, Registration insisted upon is prohibited.
Not required if dated on or after 1.7.1998.
Registration copy - Required. If unacceptable, Registration insisted upon is prohibited.
Statement of Title Particulars form - Not required.
NOS form - Not required.
Index Particulars form (completion)
(A) Lodging Party - Must be completed.
(B) Instrument - Restriction
(C) Locality - The situation of the land.
Link Conveyance - For the Old System land burdened by the restriction and the Old System land benefited by the restriction, if affected1.
Principal Deed - Not required.
(D) Indexing - The party burdened and the party benefited by the restriction.
(E) Certification - Required.
Document requirements
Date: must be dated with the date of execution. If not dated advise the lodging party. If a date is not furnished, indicate Registration insisted upon and include the reason.
Name: the full names (initials are acceptable) of the party burdened and the party benefited are required. Advise the lodging party of any discrepancies in names.
Operative clause: "... restricts...".
Locality: required. The situation of the land.
Land Description: required if Old System land is burdened by the restriction. Required for the land benefiting if Old System land is affected. Determine if the affected land is Old System or other (see IPF). Where Old System land is affected it must be described by reference to:
- a metes and bounds description
- another registered instrument
- a plan attached
- a Government Gazette notice or
- a lot or parcel in a subdivision.
Link Conveyance: required if Old System land is burdened by the restriction. Required for the land benefiting if Old System land is affected. The last registered conveyance or acknowledgment that evidences ownership prior to Book 4000. Whole or part must be established.
Execution: by the party burdened by the restriction. A power of attorney must be registered. The party benefited does not have to sign.
Attestation: required. Must be witnessed by a person of 18 years of age or older who is not a party to the document.
IPF: must be completed.
Staff processing information
The operative word for a restriction on the use of land is "restricts".
A document containing the operative words "covenants with" must be entered under the Covenant Frame, ie code "CV".
A document creating an easement and a restriction on the use of land must be entered under the Easement Frame, ie code "EA".
A restriction affecting land that does not have a Link Conveyance in the form of a Book and No. must be entered with a Noting: "Restriction affecting [land description and manner of acquisition]".
See release of a restriction on the use of land page.
See variation of a restriction on the use of land page.
1 Where the land burdened is Torrens Title land and the land benefited is Old System land enter the restriction under the General Frame, ie code "G", with a Noting: "[description of restriction] and the land in the Link Conveyance is the land benefited". Enter the Locality and Link Conveyance for the land benefited. Enter the party burdened and the party benefited as Vendors entries. The restriction may also be registered on the Torrens Title for the land burdened under the Real Property Act 1900. The restriction cannot be created under the Real Property Act 1900 where the land burdened is Old System land.
CA Not required
Indexing
Locality: required. The situation of the land.
Link Conveyance: required for the Old System land burdened by the restriction. Required for the land benefiting if Old System land. The last conveyance or acknowledgment prior to Book 4000. Indicate whole "W" or part "P".
Principal Deed: nil.
Noting: where the land burdened and the land benefited is Old System land: "Covenant. Bk ... No. ... is the land burdened. Bk ... No. is the land benefited".
Where Old System land is affected and:
- part of the land, state: "part being [affected land description]"
- the land description relies on an attached plan, state: "see attached plan" (or Noting Code: "PL").
V: the party burdened, deceased estates or trusts, and any variations thereof.
P: the party benefiting, deceased estates or trusts, and any variations thereof. The prescribed authority is not entered where there is no land benefiting from the restriction.