Resumptions

The terms 'resumption' and 'acquisition' are identical for the purposes of NSW LRS.

Resumptions pursuant to NSW or Commonwealth Acts may apply to the whole or part of Torrens land, Crown land or Old System land. The land may be converted by resumption into Crown land or be vested in the designated authority freed of all interests except for certain easements or interests specified in the Government Gazette notice. Resumptions may also create easements in favour of designated authorities.

A notice of the resumption of the land or easement is published in the Government Gazette, and a Request form 11R may be lodged with a copy of the Government Gazette notice to record the relevant statutory authority as the proprietor of the land, or record the details of the easement. The resuming authority may also request the issue of a certificate of title.

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [500.100].

Resumptions affecting computer folios

Resumption of part of the land

When part of the land in a computer folio of the Register is resumed:

  • a new folio for the part resumed is created in the name of the designated authority freed of all interests etc, and
  • a new folio for the residue is created in the name of the registered proprietor.

A new certificate of title is issued:

  • for the residue if the original certificate of title is lodged with the resumption; and
  • for the land resumed if requested.

Resumption of the whole of the land

When the whole of the land in a computer folio of the Register is resumed, a new edition is issued in the name of the resuming authority and all interests are removed except for those specified in the Government Gazette notice.

Resumptions affecting manual folios

Resumption of part of the land

Where part of the land in a manual folio is resumed:

  • the notification showing the registered proprietor is cancelled and new notifications are entered showing the designated authority and registered proprietor as owners of their respective parts
  • the site of the resumption is charted on any plan shown on the title and
  • a new certificate of title is issued for the resumed land if requested. The original title is cancelled or partially cancelled depending on the circumstances.

Resumption of the whole of the land

When the whole of the land in a manual folio of the Register is resumed the old registered proprietor is removed and all interests are cancelled except for those specified in the Government Gazette notice. The resuming authority is entered as registered proprietor.

Dealings affecting a folio containing resumed land

A dealing affecting a folio of the Register containing land that has been partly resumed must exclude that land in the Land Description panel.

Easements created by resumption

An easement created by resumption is recorded in the Second Schedule of the servient tenement title in the same manner as other easements.  The easement is not referred to in following notifications recorded on the Register and has no effect on the registration of dealings.

Rescission

On publication of a notice of rescission in the Government Gazette and where the land was Torrens Title at the time of the resumption, the land immediately revests in the person registered as proprietor immediately before the resumption. Registered interests cancelled by the resumption are restored and interests created by the resuming authority remain on the title as specified in the rescission notice.

A Request form 11R is lodged to give effect to the rescission. A rescission of resumption of land:

  • that was not Torrens Title at the time of resumption and
  • where a folio of the Register has been created,

is effected by the lodgment of a transfer from the resuming authority to the person legally entitled to the land.

Staff processing information

All requests for the recording of resumptions are referred to SM99.