Rescission of resumption

Request form 11R  (PDF1520 KB)

Dealing type - R

Legislation - s196A Conveyancing Act 1919

(A) Stamp duty - not required

Certificate of Title - required for a rescission of resumption where issued

NOS form - required for a rescission of resumption of land. Panels 1, 2, 3B and 5 require completion.

Not required for a rescission of resumption of an easement.

Standard form of Caveat - does not prevent registration.

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

Note  A rescission of resumption affecting land that was not held in the Torrens Title Register at the time of resumption must be effected by lodgment of a Transfer form 01T.

See Rescission of resumption of non Torrens Title land.

(B) The reference to title for the land affected by the request must be stated. The land affected by the rescission must be identical to the land described in the true copy of the Government Gazette notice attached. If the rescission affects part of the land, the part must be fully described.

(C) The registered number of the interest affected by the request must be stated. The reference to title for the land affected by the request must be stated.

(E) The full name of the rescinding authority must be stated. The name of the authority must be identical to the name shown in the Government Gazette notice.

(F) A short description of the nature of the request must be stated.

(G) full details of the request must be stated.

The registered number of the resumption being rescinded must be stated.

The date and folio number of the Government Gazette must be stated and agree with the copy of the Gazette notice. A true copy of the Gazette notice must be attached to the dealing.

(H) The dealing must be signed by an authorised officer of the rescinding authority and be witnessed. The full name of the officer must be stated.

(I) 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.

Note  The caution is removed from a Qualified title that is resumed as regards the land and the title will remain unqualified upon rescission of the resumption.

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [500.700].

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Refer to SM99.