Form 13PRE
Dealing Type - EP
Legislation
section 88D(12) Conveyancing Act 1919 (release)
section 88E(7) Conveyancing Act 1919 (release) and
section 89(8) Conveyancing Act 1919 (extinguishment).
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.
NOTE: This dealing type may be lodged as a Dealing with Exception provided it is accompanied by a completed Lodgment Rules Exception form. In all other instances, the relevant electronic dealing must be used.
This form records:
- the release of a public positive covenant by a prescribed authority pursuant to sections 88D(12) or 88E(7) Conveyancing Act 1919 or
- the extinguishment of a public positive covenant pursuant to Supreme Court Order under section 89(8) Conveyancing Act 1919.
An owners corporation of a strata scheme may, by a resolution, accept a dealing releasing a positive covenant that burdens common property or the whole parcel. See section 34 Strata Schemes Development Act 2015.
An association of a community, precinct or neighbourhood scheme may, by a resolution, accept a dealing releasing a positive covenant that burdens association property or the whole of the scheme parcel. See section 30(2) Community Land Development Act 2021.
There is no extra fee payable for a plan annexed.
Release of a public positive covenant created pursuant to section 88D Conveyancing Act 1919
A public positive covenant created by section 88D Conveyancing Act 1919 may be released by way of an order from the prescribed authority entitled to enforce the public positive covenant.
(A) The reference to title for the land burdened by the public positive covenant must be stated.
(C) The registered number of the public positive covenant must be stated. The public positive covenant number referred to in the section 88B instrument and the accompanying DP reference must be included, where applicable.
(D) The full name of the applicant must be stated. The applicant must be the prescribed authority.
(E)
1. Release. This item should be marked as “applicable” and completed. All other items should be marked as “not applicable” and left blank. The date of the order from the prescribed authority must be stated. A true copy of the order must be annexed to the dealing.
(F) The dealing must be executed by an authorised officer for the prescribed authority (the name of the officer and the nature of the authority must be stated) and be witnessed.
Where the registered proprietor is the owners corporation of a strata scheme, execution must take the form as set out in strata schemes Approved Form 23. The following certificates are also required:
- strata schemes Approved Form 14 for an authorisation by ordinary resolution and
- strata schemes Approved Form 10 where the initial period is not shown as expired on the common property title.
Where the registered proprietor is the association of a community, precinct or neighbourhood scheme, the following certificates are also required:
- community schemes Approved Form 24 (initial period, where the registered proprietor is the association of a neighbourhood scheme) and
- community schemes Approved Form 40 (authorisation by ordinary resolution).
Execution of the certificates must take the form as set out in community schemes Approved Form 18.
See execution requirements for companies, witnesses etc. pages.
Release of a public positive covenant created pursuant to section 88E Conveyancing Act 1919
A public positive covenant created by section 88E Conveyancing Act 1919 may be released by the prescribed authority entitled to enforce the public positive covenant.
(A) The reference to title for the land burdened by the public positive covenant must be stated.
(B) The registered number of the public positive covenant must be stated. The public positive covenant number referred to in the section 88B instrument and the accompanying DP reference must be included, where applicable.
(C) The full name of the applicant must be stated. The applicant must be the prescribed authority.
(D)
2. Release. This item should be marked as “applicable” and completed. All other items should be marked as “not applicable” and left blank.
(E) The dealing must be executed by an authorised officer for the prescribed authority (the name of the officer and the nature of the authority must be stated) and be witnessed.
See above commentary relating to section 88D Conveyancing Act 1919 for information for execution requirements by strata, community, precinct and neighbourhood schemes.
See execution requirements for companies, witnesses etc. pages.
Extinguishment of a public positive covenant pursuant to section 89(8) Conveyancing Act 1919
A public positive covenant created by section 88D or 88E Conveyancing Act 1919 may be extinguished by Court Order: see section 89(8) Conveyancing Act 1919. The applicant must be the registered proprietor of the burdened land and the date of the Court Order must be stated.
(A) The reference to title for the land burdened by the public positive covenant must be stated.
(B) The registered number of the public positive covenant must be stated. The public positive covenant number referred to in the section 88B instrument and the accompanying DP reference must be included, where applicable.
(C) The full name of the applicant must be stated. The applicant must be the registered proprietor of the burdened land.
(D)
3. Extinguishment. This item should be marked as “applicable” and completed. All other items should be marked as “not applicable” and left blank. The date of the Supreme Court Order must be stated. A sealed copy of the Court Order must be annexed to the dealing.
(E) The dealing must be executed by the registered proprietor and be witnessed, or be executed on the registered proprietor's behalf as follows:
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Attorney and witnessed
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Solicitor or Barrister
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Authorised Officer and witnessed
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Licensed Conveyancer
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Registered Proprietor
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Where the applicant is the owners corporation of a strata scheme, execution must take the form as set out in Approved Form 23.
Where the applicant is the association of a community scheme, execution must take the form as set out in Approved Form 18.
See execution requirements for companies, witnesses etc. pages.
All NSW legislation can be accessed at www.legislation.nsw.gov.au/
Staff processing information
Refer to Legal through the Senior Dealing Examiner (the question of full release or partial release, i.e. a variation, must be asked if doubt exists).
The dealing does not require referral to Folio Management.
Registration procedure
Full release or extinguishment
TRANSACTION OFF
PRIME CODE code of positive covenant as shown on the Register
PRIME NO. number of positive covenant.
Partial release or extinguishment
Proceed with registration as directed by Legal.
Published Date: October 2024