Request form 11R

Dealing type - R

Legislation - section 12(1)(i) Real Property Act 1900

Stamp duty - not required

NOS form - not required

Standard form of Caveat - prevents registration

Priority Notice noted on the Register - see Priority Notice page

Where, as a result of the registration of a dealing, the proprietor of the estate and of a registered interest is one and the same person, the interest is not automatically removed. Section 12(1)(i) of the Real Property Act 1900 permits the Registrar-General, on being satisfied that an estate or interest has been extinguished by merger, to make an appropriate recording in the Register. A Request form 11R to remove the registered interest must be lodged.

See Transfer resulting in a merger page.

Where the lease, mortgage or charge has been carried forward as a subsisting interest, i.e. 'Bk ... No. ... Lease etc To ...', the application should be accompanied by all documents necessary to prove the applicant’s title, similarly to primary applications.

(B) The reference to title for the land affected by the Request must be stated.

(C) The registered number of the interest affected by the Request must be stated. The reference to the title for the land affected by the Request must be stated.

(E) The applicant must be the registered proprietor of the estate and of the interest being merged. The registered proprietor must hold the estates and/or interests outright or in the same fiduciary capacity.

The full name of the registered proprietor must be stated and be identical to the name as shown on the Torrens Title Register.

(F) A short description of the nature of the Request must be stated.

(G) Full details of the Request must be stated.

The registered number of the lease, mortgage or charge being merged must be stated.

The consent of any person with a registered interest in the lease, mortgage or charge being merged is required.

(H) The dealing must be executed by the registered proprietor and be witnessed, or be executed on the registered proprietor's behalf as follows:

	Attorney and witnessed	Solicitor or Barrister	Authorised Officer and witnessed	Licensed Conveyancer
Registered Proprietor

See execution requirements for companies, witnesses etc.

(I) Not to be completed (see NOS form above). 

NOTE:  Subleases or mortgages affecting a head lease that is the subject of a merger will be recorded as head leases or mortgages. Sub-mortgages affecting a mortgage that is the subject of a merger will be recorded as mortgages.

NOTE: Where a Crown land tenure lease or Crown land Real Property Act lease comes under the same ownership there is no automatic merger of the estates. A request by NSW Crown Lands to merge must be lodged in the usual manner.

NSW legislation can be accessed at www.legislation.nsw.gov.au/

Staff processing information

Refer to Crown. (Crown: a direction must be given by Land NSW as regards a current sub-lease. A requisition must be raised if no direction is given.)

If in order proceed with registration except for the following.

Refer to SD2

A merger of lease for recording of affecting sub-leases as head leases.

Refer to Amendments

A merger of:

• mortgage for recording of affecting sub-mortgages as mortgages
• lease for recording of affecting mortgages of the lease as mortgages.

Refer to Legal through the Senior Examining Officer

Where a lease, mortgage or charge has been carried forward as a subsisting interest, i.e. Bk ... No. ... Lease etc to ....

Registration procedure

TRANSACTION    OFF

PRIME CODE    code of lease, mortgage or charge being merged as shown on the Register

PRIME NO.    number of lease etc.
 

Publication Date: March 2024