This Application for Preparation of Lapsing Notice form is used as an application to prepare a notice relating to the lapsing of a caveat for service on the caveator pursuant to either section 74I, section 74J or section 74JA Real Property Act 1900.
Once an application has been lodged, NSW LRS will prepare a notice to the caveator of proposed lapsing of the caveat. This notice is sent directly to the Subscriber in duplicate either by mail or by email to the nominated address. The notice will be accompanied by detailed instructions on how to correctly serve the caveator.
After the caveator has been served with the notice, the Subscriber is then required to provide evidence of this service back to NSW LRS in the form of a statutory declaration. See Evidence of service of lapsing notice for more information.
Once the caveator has been served they have 21 days from the date of service of the notice in which to apply to the Supreme Court of NSW for a Court Order to extend the caveat.
NOTE: Where the claim in the subject caveat was made pursuant to the Criminal Assets Recovery Act 1990 or the caveator is the NSW Crimes Commission, the application will not be accepted. Such caveats cannot be lapsed.
NOTE: Where the subject caveat is by the Commissioner of Stamp Duties the application will be referred to NSW LRS’ Legal Division following lodgment.
NOTE: Once satisfactory evidence of service of notice to lapse caveat has been received by NSW LRS, the application cannot be uplifted or withdrawn.
Form 08LX
Dealing Type - LX
Legislation - section 74I, section 74J and section 74JA Real Property Act 1900.
Stamp Duty - not required.
NOS Form - not required.
Standard Form of Caveat - does not prevent registration.
Priority Notice noted on the Register - see Priority Notice page.
(A) The reference to title for the land affected by the caveat must be stated.
(B) The lodgment or registered number of the dealing affected by the subject caveat must be stated (see section 74I or section 74JA Real Property Act 1900). The reference to title for the land affected by the caveat must be stated.
(D) The registered number of the caveat and the name of the caveator must be stated and be identical with that shown on the Register.
(E) The full name of the applicant must be stated and must be identical with the name of the registered proprietor of the estate or interest as shown on the Register or the adverse dealing.
An application to lapse a caveat may be made by less than all the registered proprietors of the estate or interest.
NOTE: It should be clearly stated if lapsing is required only as regards a particular registered proprietor’s share/interest.
The executor or administrator of a deceased registered proprietor may apply. The relevant probate or letters of administration must be furnished/uploaded.
(F) The appropriate item must be selected and completed if required.
Section 74I Real Property Act 1900: a dealing or delimitation plan is lodged for recording or registration and the recording or registration of the plan is prohibited by a caveat. Examples of applicants who would apply under this section include:
- an executor or administrator
- a possessory applicant
- a person entitled to an estate or interest in the land/dealing by virtue of an unregistered dealing lodged for registration
- a judgment creditor or
- the Trustee in Bankruptcy.
The caveat will be partially lapsed to enable the registration of an incoming dealing.
NOTE: For an application under section 74I Real Property Act 1900, a dealing or plan adversely affected by the caveat must have been lodged.
NOTE: Where a caveat is partially lapsed pursuant to section 74I Real Property Act 1900 to allow the registration of a mortgage, lease, charge or covenant charge, the caveat, unless it specifies to the contrary, will not prevent registration of any further dealing by the mortgagee, lessee or chargee, except for a variation of mortgage or lease.
Section 74J Real Property Act 1900: the applicant must be the registered proprietor of an estate or interest in the land or dealing affected by the caveat. Examples of how an application under this section may be used include a registered mortgagee or chargee lapsing a caveat prior to exercising its power of sale.
NOTE: The registered proprietor of the land cannot apply under section 74J Real Property Act 1900 to lapse a caveat affecting a mortgage, lease or charge. Only the mortgagee, lessee or chargee, or a party with a recorded interest in the mortgage, lease or charge (e.g. a mortgage of lease or sub-mortgage) can apply under section 74J Real Property Act 1900 in these circumstances.
Section 74JA Real Property Act 1900: an application for cancellation of a restrictive covenant and a caveat prohibiting the granting of such an application must have been lodged. The applicant must be the same applicant in the application for cancellation of the restrictive covenant.
NOTE: To avoid requisitions, please ensure that applications are lodged immediately after the incoming dealing or plan. This is so that the “incoming dealing number” or pre-allocated plan number may be allocated by NSW LRS which the applicant can then enter in marginal note (F).
Once satisfactory evidence of service of notice to lapse the caveat has been received by NSW LRS, the application cannot be withdrawn.
After the period of notice has commenced, the dealing, plan or application for cancellation of restrictive covenant should not be withdrawn, otherwise the period of notice will be interrupted.
NOTE: Subscribers are encouraged to use the interactive PDF dealing form where possible. However, if the manual form must be used, Subscribers should contact NSW LRS for instructions on how to amend the manual form in order to complete this panel if uncertain.
(K) The dealing must be executed by the applicant and be witnessed, or it may be executed on the applicant's behalf as follows:
| |
Attorney and witnessed |
Solicitor or Barrister |
Authorised officer and witnessed |
Licensed conveyancer |
| Applicant |
 |
|
|
|
See execution requirements for companies, witnesses etc. pages
All NSW legislation can be accessed at www.legislation.nsw.gov.au/.
Staff processing information
NOTE: The application must be referred to the Senior Dealing Examiner in all instances. The caveat must not be removed without a direction given by the Senior Dealing Examiner.
Obtain a copy of the caveat and refer to the Senior Dealing Examiner.
Directions for the Senior Dealing Examiner may be found at TRSinfo website.
Connection of Withdrawal of Caveat and Preparation of Lapsing Notice
Where a Withdrawal of Caveat form 08WX is lodged before the completion of action on a Preparation of Lapsing Notice form 08LX, or vice versa, refer the case to the Senior Dealing Examiner.
- marginally note the Withdrawal of Caveat: 'Application for Lapsing [dealing number] unnecessary'
- marginally note the Preparation of Lapsing Notice: 'Unnecessary, see WX [dealing number]'
- enter the Preparation of Lapsing Notice in ITS as 'HIST' and register the Withdrawal of Caveat and
- advise the lodging party of the Preparation of Lapsing Notice of the action taken.
Publication Date: March 2024