Cancellation of caution by Official Search

Request form 11R (PDF 150 KB)

Dealing type - R

Legislation - s28MA 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.

Examination requirements

The registered proprietor can apply on the basis of a satisfactory Official Search for cancellation of a caution pursuant to s.28J(1) or s.28J(1A) Real Property Act 1900 recorded on a Qualified title. An Official Search cannot be used to remove a caution pursuant to s.28J(1B). See Balmann and Wells [485.650]; s.28MA Real Property Act 1900.

The applicant may lodge a Request form 11R requesting that a satisfactorily completed Official Search be used as the basis for removal of a caution. Where the Official Search Request Form accompanies the Request form 11R, the lodging party must be advised to lodge the Official Search Request Form with Search Section through the Client Services Counter in the first instance.

Note  The application to cancel the caution may be lodged following completion of the Official Search or following lodgment of the Official Search Request Form. In both instances the application must also satisfy the following requirements.

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

(E) The full name of the applicant must be stated and must be identical to at least one of the current registered proprietors.

(G) The number of the Official Search must be stated.

(H) The dealing must be executed by the applicant and must be witnessed, or executed on the applicants behalf as follows:

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Applicant Tick Tick Tick

Tick

(I) Not to be completed (see NOS form above).

Staff processing information

Refer to Supervisor, search Section P1.

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.

Related matters

See Cautions page