Record a subsisting interest on a Qualified Title

Form 17QS (PDF 200 KB)

Dealing type - QS 

Legislation - s28K, s28L Real Property Act 1900

Stamp duty - not required

Certificate of Title - required

NOS form - required for a change of the First Schedule. 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.

Standard form of Caveat - prevents registration.

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

A registered proprietor is required by law to disclose all interests before dealing with the land in a Qualified title, see s28L Real Property Act 1900. Pursuant to s28K Real Property Act 1900, a subsisting interest, e.g. a mortgage, conveyance, lease, covenant, easement etc, not disclosed in the Conversion action (CA), may be recorded on the Qualified title by lodgment of a Record A Subsisting Interest form 17QS.

See recording of a registered deed pursuant to s28H(2) Real Property Act 1900 page.

(A) The reference to title or a current Conversion Action (CA) must be stated.

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

(D) Full particulars of the subsisting interest must be stated including the registered Book and Number of the document. The document is not required.

(E) 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 Tick Tick Tick Tick

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [485.100].

See execution requirements for companies, witnesses etc pages.

(F) 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.   

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.

Refer to Legal through the Senior Examining Officer.

Registration procedure

Proceed with registration as directed.

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 subsisting interest in the Second Schedule

TRANSACTION    ON

PRIME CODE    equivalent code of the interest

PRIME NO.    the registered Book and No. of the interest

DETAILS    as required for the interest.

Note  Details of the request will be recorded in the Historical File in ITS.