Record new registered proprietor s12 Trustee Act 1925

Form 04RP (PDF 200 KB)

Dealing type - RP

Legislation - s12 Trustee Act 1925

Stamp duty - required where not pursuant to a will.

Not required where pursuant to a will.

Certificate of Title - required for a change of the First Schedule.

Not required for a change of ownership of a registered dealing.

NOS form - required for:

  • a change of ownership of the First Schedule or
  • a change of the lessee of a Crown land tenure Term Lease or Crown land Real Property Act lease.

Panels 1, 2, 3B and 5 require completion.

Not required for a time-share title.

Standard form of Caveat - does not prevent registration.

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

Also see:

  • appointment and retirement of trustees, see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [10.100].
  • dealings by trustees also see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [10.100].
  • a Declaration of Trust.

(A) The reference title for the affected land must be stated.

(B) The registered number of the lease, mortgage or charge affected by the application must be stated. The reference to title for the land affected must be stated.

(D) The full name of the applicant (not necessarily the registered proprietor) must be stated.

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

(F) The full name of the new registered proprietor must be stated.

(H)  The registered Book and Number of the instrument of appointment pursuant to s12 Trustee Act 1925 must be stated. Any associated deeds of appointment, retirement etc made subsequent to the date of the trust instrument must be registered in the General Register of Deeds. Any office copies of wills, or evidence of the happening of an event related to the deeds of appointment, retirement etc, must be produced if they are not registered in the General Register of Deeds or microfilmed as evidence with a registered dealing. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [10.200].

(I) 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 Tick Tick Tick Tick

See execution requirement for companies, witnesses etc pages.

(J) 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

Refer all applications to Legal through the Senior Examining Officer.

Then refer to SM98 where the Application affects a mortgage or charge and there are notifications recorded under the mortgage or charge that changed the ownership of the mortgage/charge or changed the name of the mortgagee/chargee.

Registration procedure

Proceed with registration as directed.

Affecting the First Schedule

TRANSACTION    RP

CODE (name)    P, C or Q  [name of applicant; include all current registered proprietors]

TENANCY    S, J2 etc, T etc.

Affecting a lease

TRANSACTION    UNDR

PRIME CODE    code of lease as shown on the Register

PRIME NO.    number of lease

SUB CODE

ULAP (lease)

CODE (name)    P, C or Q  [name of lessee; include all current lessees].

Affecting a mortgage or charge

RP DETAILS click Cancel

TRANSACTION    MOD

PRIME CODE    code of mortgage or charge as shown on the Register

PRIME NO.    number of mortgage or charge

CODE (name)     P, C or Q  [name of all current mortgagees or chargees].

DETAILS  (See [dealing numbers of previous notifications that changed mortgagee/chargee] [number of Application to Record New Registered Proprietor]).