Registrar General's Caveat

Current entry of a Registrar-General's caveat

A Registrar General's caveat is prepared by NSW LRS and is entered where:

  • an instrument declaring trusts is to be deposited under s82(3) Real Property Act 1900. A certified copy of the trust instrument is filmed with the Registrar General's Caveat. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [184.000] or
  • NSW LRS or the parties concerned detect an error or misdescription on a folio of the Register, or suspect fraudulent or improper dealing, see s12(1)(e), (f) Real Property Act 1900.

A Registrar-General's Caveat form 08RX is prepared and recorded on the folio of the Register. The caveat form and the notification on the folio must include:

  • the dealing number
  • the table number and telephone extension of the Officer concerned and
  • the reference to the 'M' file that contains details about the matter.

Effect on dealings

A Registrar-General's caveat prohibits the registration of certain dealings; it does not create an interest in land.  The reason for entering the caveat determines which dealings are prevented.  Unlike a private caveat, which may lapse in certain circumstances, a caveat entered by the Registrar General remains on the Register until withdrawn. A dealing cannot be made subject to a Registrar General's caveat.

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [170.100].

Former entry of a Registrar-General's caveat

In the past, Registrar-General's caveats were entered in the following circumstances:

  • where land vested in a Local Council was dedicated as a drainage reserve. The caveat was numbered K200000D. This practice has been discontinued. The Registrar-General's caveat will be removed on registration of any dealing and, where the local council remains as registered proprietor, the following notification will be entered in the second schedule: 'the land within described is drainage reserve' (code DDR).
  • where land vested in a Local Council was dedicated as a public reserve. The caveat was numbered K200000P. The caveat will be removed on registration of a dealing and be replaced with a notification: 'The Land Within Described Is Public Reserve', where the Local Council is remaining as registered proprietor.
  • where a Deposited plan included temporary public road. The caveat was numbered K200000R. The caveat will be removed on registration of a dealing and be replaced with a notification: 'The Land Within Described Is Temporary Road'.
  • where restrictions on transfer or other dealings pursuant to s6 Closer Settlement (Amendment) Act 1907 affected a title. The caveat was numbered D500000A or K400000. The caveat will be removed on registration of a dealing.
  • where a folio of the Register issued pursuant to conversion of Crown land and the mortgagee is shown in the First Schedule; a caveat was entered to protect the interest of the mortgagor. These caveats were originally numbered separately and after 26.7.1976 were numbered Q1. The caveat may be removed by:
    • a transfer by way of discharge of mortgage to the mortgagor shown in the caveat
    • a Request form 11R pursuant to s39BReal Property Act 1900 to have the registered proprietor entered in the First Schedule and the mortgage entered in the Second Schedule or
    • conversion of a Crown land tenure Lease to an Incomplete Purchase tenure or completed purchase.
  • prior to 31.8.1980, where a folio of the Register issued pursuant to conversion of Old System land and the mortgagee is shown in the First Schedule; a caveat was entered to protect the interest of the mortgagor.  The caveat was numbered Q160000.  The caveat may be removed by:
    • a transfer by way of discharge of mortgage to the mortgagor shown in the caveat; or
    • a Request form 11R pursuant to s39B Real Property Act 1900 to have the registered proprietor entered in the First Schedule and the mortgage entered in the Second Schedule.
  • following registration of a fiduciary transmission application. The caveat was entered to protect the interest of the beneficial owner. Where the applicant claims as an executor or administrator, the caveat will be removed on registration of a dealing. Where the applicant claims as a trustee the caveat will be removed on registration of an appropriate dealing, supporting evidence may be required. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [170.100].
  • where land was vested in a trustee pursuant to s12 Trustee Act 1925. The caveat will be removed on registration of an appropriate dealing, supporting evidence may be required.
  • where a Closer Settlement Lease (CSL) or Settlement Purchase (SP) was taken up in conjunction with other land and Minister's consent was required to transfer the land separately; a caveat was entered on the basal land pursuant to s31(2) or (3) Closer Settlement Act 1904 or Part 3 Schedule 3 Crown Lands (Continued Tenures) Act 1989. The caveat will be removed on registration of a dealing.
  • in regard to realignments, public gardens and recreation spaces, conditions in Local Council approvals, proposed easements, or easements appurtenant to roads.

Removal of a Registrar Generals caveat

A Request form 11R may be lodged to withdraw a Registrar General's caveat where the protection ceases to be required. The certificate of title is not required.

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [55.250].

Registrar General's caveats may be removed as follows:

  • where the protection ceases to be required; a request to withdraw a Registrar General's caveat may be lodged on a Request form 11R. The certificate of title is not required.
  • where numbered D500000A, K200000D, K400000 (a copy of the caveat is not required).
  • where numbered K200000P (a copy of the caveat is not required), the caveat will be removed and be replaced with a notification (code KP): 'he Land Within Described Is Public Reserve, where the Local Council is remaining as registered proprietor'
  • where numbered K200000R (a copy of the caveat is not required), the caveat must be removed and be replaced with a notification (code KQ): 'The Land Within Described Is Temporary Road'.
  • where numbered Q1, Q160000 (a copy of the caveat is not required), or numbered separately, protecting the interest of the mortgagor where the mortgagee is shown in the First Schedule, by:
    • a transfer by way of discharge of mortgage to the mortgagor shown in the caveat;
    • a request pursuant to s39B Real Property Act 1900 to have the registered proprietor entered in the First Schedule and the mortgage entered in the Second Schedule; or
    • conversion of a Crown land tenure Lease to an Incomplete Purchase tenure or completed purchase.
  • where entered in conjunction with a transmission application by an executor or administrator on registration of any dealing.
  • where a transfer satisfies the interest protected by the caveat.
  • where entered pursuant to s11(1A) Closer Settlement Amendment (Conversion) Act 1943, s31(2) or (3) Closer Settlement Act 1904 or Part 3 Schedule 3 Crown Lands (Continued Tenures) Act 1989.
  • on registration of:
    • a transfer by mortgagee exercising power of sale
    • a transfer pursuant to s713 Local Government Act 1993 or
    • an application for resumption or acquisition,

if it is clear from the terms of the caveat that the dealing is not prohibited and that the function of the caveat is exhausted.

Variation of a Registrar General's caveat

The terms of a Registrar General's caveat may be varied in certain circumstances. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [55.200].

Staff processing information

Effect on dealings

All dealings, apart from the exceptions and Crown land Application forms 19MA and 19MB, affecting a folio of the Register on which a Registrar General's caveat, including a caveat protecting the interest of the mortgagor or charger, is noted, that do not result in the removal of the caveat must be referred to Legal through the Senior Examining Officer, or to the Officer referred to in the caveat.

Former entry of a Registrar General's caveat

Apart from Registrar General's caveats numbered D500000A, K200000D, K200000P, K200000R, K400000, Q1, Q160000, R100691, a copy of the caveat must be obtained in all instances and be investigated before taking further action.

Removal of a Registrar Generals caveat

Refer the case to Legal through the Senior Examining Officer where:

  • the protection ceases to be required
  • K200000P where the Local Council is not remaining as the registered proprietor
  • other than Q1 or Q160000 if any mention of a further mortgage or other interest is made in the separately numbered caveat.