Form 17QD (PDF 150 KB)
Dealing type - QD
Legislation - s28A, s28H(2) Real Property Act 1900
Stamp duty - not required
NOS form - required for a deed of conveyance. Panels 1, 2, 3 and 5 require completion.
Not required for:
- a deed of conveyance where a change in tenancy only is effected, i.e. tenants in common in equal shares to joint tenants or vice versa or
- a deed of mortgage or charge.
Standard form of Caveat - prevents registration.
Priority Notice noted on the Register - see Priority Notice page.
A registered deed, by reason of the definition given in s28A Real Property Act 1900, is limited to a mortgage, charge or conveyance registered in the General Register of Deeds.
Pursuant to s28H(2) Real Property Act 1900, a deed executed before the creation of the Qualified title and not disclosed in the Statement of Title Particulars form 20-0310 (PDF 50 KB) that initiates the issue of a Qualified title, must be carried forward onto the Qualified title by lodgment of a Record a Registered Deed form 17QD. The dealing must be lodged prior to the lapsing or cancellation of the caution on the Qualified title.
See recording of a subsisting interest pursuant to s28K Real Property Act 1900 information.
(A) The reference to title must be for a Qualified title or a current Conversion action (CA).
(C) The full name of the applicant must be stated and be identical to the name of the purchaser in the conveyance, the mortgagee in the mortgage or the chargee in the charge.
(D) The following details related to the registered deed must be stated:
- the nature of the applicant and deed
- the date of the deed. Note The deed must have been executed before the Qualified title was created
- the registered Book and Number
- the full name of the vendor, mortgagor or charger and
- the full name of the purchaser, mortgagee or chargee.
(E) The registered deed must be annexed to the dealing.
Clauses ii. and iii. may be deleted and verified as appropriate.
(F) The dealing must be executed by the applicant and be witnessed, or 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.
(G) This section is to be completed where the notice of sale data (see NOS form above) has been forwarded to NSW LRS through the eNOS facility.
See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [480.850].
Staff processing information
Where a current Conversion Action (CA) is referred to in lieu of a reference to title, verify the status of the CA through Document Inquiry in ITS and note the dealing as being acceptable for lodgment. To lodge the dealing in ITS enter 'NO REFS' as the reference to title.
If in order proceed with registration except for the following.
Refer to SM99
Where doubt exists as to the land described in the deed.
Refer to Legal through the Senior Examining Officer
Where:
- doubt exists with the details of the deed.
- the application affects less than all of the proprietors.
Refer to F1
Where the dealing affects a current CA.
Registration procedure
Recording a registered deed of conveyance
TRANSACTION RP
CODE (name) P, C or Q [name of Old System registered proprietor]
TENANCY S, J2 etc, T etc.
Recording a registered deed of mortgage or charge
TRANSACTION ON
PRIME CODE M, C or the equivalent ITS code of the mortgage or charge
PRIME NO. the registered Book and No. of the mortgage or charge
DETAILS as required for the mortgage or charge.
Note Details of the request will be recorded in the Historical File in ITS.