Cancellation of caution

Form 17CC (PDF 550 KB)

Dealing type - CQ

Legislation - s28J(1), s28J(1A), s28J(1B), s28M, s28MA, s28MC Real Property Act 1990

Stamp duty - not required

Certificate of Title - not required

NOS form - not required

Standard form of Caveat - prevents registration if the caveator claims to be entitled to a subsisting interest.

Priority Notice noted on the Register - see Priority Notice page.

Note

  • earlier Qualified titles were issued with a caution pursuant to s28A or s28J Real Property Act 1900. For all intents and purposes these are the same as s28J(1) Real Property Act 1900.
  • a caution pursuant to s28J(1A) Real Property Act 1900 may also include reference to s28J(1) Real Property Act 1900. The caution must be treated as if pursuant to s28J(1A) Real Property Act 1900. The caution may also be numbered V300000V.
  • a caution pursuant to s28J(1B)Real Property Act 1900 may be removed by lodging a Request form 11R together with the required evidence. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [485.550].

Also see cautions information.

(A) The application must be as regards the whole of the land affected by the caution.

(B) The registered number of the caution, if shown on the Torrens Title Register, must be stated.

(D) The full name of the applicant must be stated. The applicant must be:

  • at least one of the current registered proprietors; or
  • at least one of the transferees in an accompanying Real Property Act transfer for value.  

Note  A transfer by way of discharge of mortgage is not acceptable.

(E) The full name of the declarant must be stated.

Item 1

Either point (a), (b) or (c) must be completed and the two points not selected must be deleted and verified.

Where point (a) or (b) is selected either point (i) or (ii) must be completed and the other point not selected must be deleted and verified.

Item 1(a)(i): (s28J(1) caution)

The applicant must have acquired the land by means of a Real Property Act transfer for value and 6 years must have elapsed since the date of entry of the caution on the Qualified title.  The registered number of the transfer must be stated.  Where the transfer accompanies the application the number will be marginally noted in NSW LRS.

Item 1(a)(ii): (s28J(1A) caution)

Six years must have elapsed since the registration of an initial Real Property Act transfer for value followed by a second Real Property Act transfer for value, i.e. two transfers for value must be registered after the date of entry of the caution on the Qualified title and six years must have elapsed since the registration of the initial transfer for value before removal of the caution can be removed. (Registration of the first transfer for value initiates the statutory limitation). The registered number of the latter transfer must be stated. Where the transfer accompanies the application the number will be marginally noted in NSW LRS.

Item 1(b)(i): (s28J(1) caution)

Twelve years must have elapsed since the date of entry of the caution on the Qualified title.

Item 1(b)(ii): (s28J(1A) caution)

Twelve years must have elapsed since the registration of a Real Property Act transfer for value. (Registration of the first transfer for value initiates the statutory limitation). The registered number of the transfer must be stated.

Item 1(c) (cancellation pursuant to s28MC Real Property Act 1900)

The number of the Official Search certificate issued by NSW LRS must be stated.

Item 2

To be completed only if the land is occupied by someone other than the applicant or a person entitled under a registered dealing to occupy the land.  The full name of the occupant and the nature of the occupation must be stated.

Item 3

State after the word "except" the name and address of any claimant to a subsisting interest and the basis of the claim. If no claim exists the line 'except' must be deleted and verified.

(F) The statutory declaration must be made by the applicant, the applicant's attorney, solicitor or barrister, licensed conveyancer, or an authorised officer (the nature of the authority must be disclosed) and must be witnessed by a prescribed functionary. Where the declaration has been made outside NSW reference to the Oaths Act 1900 must be deleted, the relevant local Act must be inserted and the alteration verified.

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [485.300].

Staff processing information

If in order proceed with registration except for the following.

Refer to Legal through the Senior Examining Officer

A cancellation of caution:

  • pursuant to s28J(1B) Real Property Act 1900
  • where Item 2 discloses that the land is occupied by other than the applicant or a person entitled to occupy by reason of a registered dealing, e.g. a lease
  • where Item 3 has been altered, deleted or added to.

Refer to P4

A cancellation of caution by an Offical Search pursuant to s28MC Real Property Act 1900.

Registration procedure

Computer Folio

TRANSACTION    OFF

PRIME CODE    code of caution as shown on the Register

PRIME NO.    number of caution (if not numbered leave field blank)

Manual Folio (New Form)

Direct the following:

  • rule out the word 'Qualified' in the top right-hand corner of the folio and
  • cancel the notification relating to the caution in the Second Schedule.