Alterations to a document after registration
A document cannot be altered following registration. A rectifying or confirmatory document may be registered to effect the amendment. Depending on the use of the registered document outside of NSW LRS, an alteration that does not change the effect of the document may be supported by statutory evidence, eg a change of name/address of the attorney in a registered power of attorney may be supported by a statutory declaration rather than by registering a document evidencing the change of name/address. The suitability of supporting evidence will depend on the discretion of the parties involved.
Alterations to a document prior to registration
Any alteration made before registration to an original document and/or registration copy is to be verified by the party concerned. No further investigation is required. The registration copy must contain the same content as the original document.
The use of correction fluid or tape is not acceptable on the original or registration copy as a means of deleting or altering information. If correction fluid or tape is used it must be ruled through and verified. Inserted information may be interlined or added near the correction providing it does not go over the correction fluid or tape.
Caveats
There is no equivalent document to a caveat lodged under the Real Property Act 1900 that can be recorded against Old System land under the Conveyancing Act 1919.
A legal proceedings, writ or Order of Court may be applied for through the Court to protect the claim or interest in the land and may be registered in the Causes, Writs and Orders register, or a document may be registered that states the claim or interest in the land. Registration of a document stating a claim or interest in land only puts the matter on public record and does not prevent other documents, including documents that may conflict with the claim or interest, from being registered
Companies
See Land dealings - Dealings involving - Companies and other registered bodies
Copy of registered document
A copy of a registered document numbered:
- before Book 4000 No. 1, ie registered before 3.11.1992, may be obtained from Deeds Section, Basement 1. The copies are made from the Register books
- between Book 4000 No.1 to Book 4191 No. 1000 may be obtained through the computer imaging system. The copies are held on microfilm. Before 13.2.1998 the "No." series included the number 1000. From the 13.2.1998 the "No." series stops at 999. This was introduced due to the 7 digit limit in the computer imaging system. Enter "000" for No. 1000
- from and above Book 4192 No. 1 may be obtained through the computer imaging system. The copies are held in electronic format.
Deeds
A deed is defined in Osborns Concise Law Dictionary as a writing or instrument written on paper or parchment, signed sealed and delivered, to prove and testify the agreement of the parties whose deed it is to the things contained in the deed.
Signed sealed and delivered is generally effected by the execution of the deed by the concerned parties, and the attestation of the execution by an adult witness who is not a party to the deed, see s38(3) Conveyancing Act 1919. For the purposes of these Directions a deed is a document that:
Staff processing information - Refer any questions to the Senior Examining Officer.
Deeds Index Particulars form
A separate Deeds Index Particulars form 10-0530 (IPF) must be completed and accompany each document lodged, see s184D(3) Conveyancing Act 1919. The IPF acts as a summary of the document and assists in the indexing process. The IPF is usually completed by:
- the person lodging the document
- a party to the document or
- a solicitor or agent acting on their behalf.
In the case of a postal lodgment, the IPF is completed and signed by the Old System Postal Lodgment Officer.
Staff processing information - Where a registration copy is prepared by NSW LRS, Note E(1) on the IPF must be ruled through and verified. The IPF is initialed by the Examining Officer on completion of indexing and verification.
Deposited deeds
Section 64 Conveyancing Act 1919 states: a covenant or undertaking expressed or implied to produce any document relating to land shall be satisfied by a deposit of the document permanently in the office of the Registrar General. Any document affecting land can be permanently produced at Manual Records, Basement 1, except for:
- a mortgage that has not been discharged (the original mortgage is required for a discharge thereof)
- an unregistered discharge of mortgage (the discharge should be registered and permanently produced with the discharged mortgage) or
- a document that does not affect land, eg a stock mortgage.
The prescribed fee is payable for the first four documents and an additional fee for every document produced thereafter. A document that has been endorsed with a further registered transaction, eg a discharge registered on the mortgage, will be considered as two documents.
For further information in relation to deposited deeds, contact the Old System Inquiry Officer, Manual Records, Basement 1.
Staff processing information - The Old System Inquiry Officer enters the relevant details into the Manual and ADIS Indexes. In ADIS a Noting is entered: See Deposited Deed Packet [number].
Documents lodged
The original document may:
- take any form or size
- contain any type of content and
- must bear original signatures.
A registration copy is required for all documents lodged, except where otherwise indicated in Documents Lodged. The registration copy, including any annexure, must comply with the requirements set out in Schedule 1 of the Lodgment Rules. A registration copy may be prepared for the lodging party if requested, except where otherwise indicated in Documents Lodged. The prescribed fee is payable.
A completed Deeds Index Particulars form 10-0530 (IPF) must be lodged with every document.
A completed Statement of Title Particulars form 20-0310 (STP) must be lodged with a document evidencing a change of ownership of Old System land, including a mortgage, for exceptions. Where more than one document affects the same land, only one STP form is required.
A completed Notice of Sale form 10-0520 (NOS) must be lodged with every document evidencing a change of ownership of Old System land.
Evidence
Evidence related to a document lodged must remain with the original document and a copy of the evidence must be attached to the registration copy.
Staff processing information - Evidence required to be forwarded with a CA must be copied and the original must be returned to the lodging party. A consent accompanying a document is treated as evidence if it is attached. If the consent is not attached, ie it is a separate document, the lodging party must confirm that separate registration is required.
Execution
See Land dealings - Components on the dealing form - Execution pages
Fee for registration copy preparation
If permitted, a registration copy may be prepared by NSW LRS at the request of the lodging party for the prescribed lodgment fee. The fee is determined by the number of pages within the original document. A fee for the first four pages and an additional fee for every four pages or part thereof thereafter is payable.
Lodgment fees
The prescribed lodgment fee payable is automatically determined by the Registration frame selected in ADIS. A plan fee is not payable where a document contains or has a plan annexed. An extra fee is not payable where a document appears to contain more than one transaction, eg a power of attorney including a revocation.
No fee payable - staff only
Where no lodgment fee is payable for a document, the reason for fee exemption, eg the relevant legislation, must be clearly stated on the document or in a letter. No lodgment fee is payable for:
- a vesting or conveyance pursuant to:
-
- Schedule 2 (5) Associations Incorporation Act 2009
- s11 Burns Philp Trustee Company Limited Act 1990
- s21 University of New England Act 1993
- a document of acquisition pursuant to:
-
- s10 Financial Corporations (Transfer of Assets and Liabilities) Act 1993
- s31 Freight Rail Corporation (Sale) Act 2001
- s40 Roads Act 1993
- s196(2) Roads Act 1993 or
- an Order of Court where the Order so directs.
Staff processing information - Where the reason for exemption is not listed above refer to the Administrative Officer (Practice) DRD2.
Foreign language
A document containing text in a foreign language must be accompanied by a translation. The original document and the registration copy must contain the foreign text and the translation. The translation must be signed on each page by the interpreter and be identified as an accurate translation of the document.
Where the translation is made by a Consul, an official of an Embassy or Legation, or a person representing a language translation agency, it must be accompanied by a certificate stating that the writing contained therein is a true and correct translation into English. In all other cases the translation must be accompanied by a statutory declaration stating that the writing contained therein is a true and correct translation into English.
Staff processing information - The Registered seal must be affixed to the original document and not to the translation.
Good root of title
According to the Australian Property Law Dictionary (Butterworths) a good root of title is defined as an instrument of disposition dealing with or proving on the face of it (without the aid of extrinsic evidence) the ownership of the whole legal or equitable estate in the property sold, containing a description by which the land can be identified, and showing nothing to cast any doubt on the titles of the disposing parties. ...". Under s53(1) Conveyancing Act 1919 the root of title must be at least 30 years old. Conveyancers prefer the instrument to be dealing for value, eg a conveyance or mortgage.
NSW LRS practice deems a good root of title to be a document at least 30 years old that does not require supporting evidence. The most common type of deed used to establish a good root of title is a registered conveyance for value or a registered first mortgage. Note An acknowledgment or conveyance by executors is not considered to be a good root of title as the document relies on a probate as supporting evidence.
Lost original
The Conveyancing Act 1919 requires the original document to be presented at the time of registration; the original document is evidence of a persons right to deal. Where:
- a lodging party claims to have lost the original document;
- it is prudent to have the document registered but a copy only is available; or
- a photocopy or some other copy is presented for registration,
- the Conveyancing Act 1919 does not provide for the registration of a copy.
However, in cases of genuine hardship, consideration will be given to the registration of a copy of a document provided a registration copy of the required standard is also provided. A written request is required together with a statutory declaration by the lodging party stating:
- details of the loss or destruction of the original document
- details of searches undertaken to locate the original document
- the authenticity of the copy
- the inability to reconstitute the original
- the reason for the copy to be registered and
- the hardship that will result from the copy not being registered.
Staff processing information - The request and evidence must be placed in the M file 1994M5 kept with the Senior Examining Officer and be referred to Legal Division for approval. If approved, a copy of the statutory declaration is filmed with the registration copy. The request and statutory declaration are kept with the M file.
MDE form - staff only
A document affecting Old System land that changes ownership and is accompanied by a Notice of Sale form requires a Manual Data Entry Form 10-0500 (MDE) to be completed as follows:
Dealing No. - the CA number.
Local Govt Area (LGA) - complete from the Deeds Index Particulars form. Consult the List of Parishes book if the LGA appears incorrect.
Estate Type - must be completed.
Volume/Folio - alter to reflect the Book and No. State the registered document number with a description of the land. If the description is longer than 30 characters use the next line. A complex description may be referred to as in Con. Bk … No ….
Registered Proprietor - must be completed. If a share or interest is transferred write the share or interest in the Prop panel. Note Where tenancy is not stated in the document tenants in common in equal shares is assumed.
The completed MDE form must be attached to the Notice of Sale (NOS) form and placed in the appropriate tray for collection.
Metes and bounds description
A metes and bounds description of land consists of:
- "metes" - a distance in a particular direction. Forms a measurement to where the land may extend and
- "bounds" - a reference mark on the ground, ie a natural feature like a large boulder or an artificial mark like a survey peg.
The measurements may be described in imperial measurements provided that:
- no previous conveyance has been described in metric measurements and
- no plan of survey in metric measurements has been registered.
M files - staff only
The following "M files" are associated with the lodgment and registration of documents in ADIS:
M1381- for a power of attorney and related documents lodged through the post.
1994M5 - for a request for registration involving a lost original or registration of a copy of a document.
1999M108 - for a request for a document to be de-registered.
2001M102 - for a request for registration of a document of an unusual nature.
All M-files, except for postal M-files, are either held by Legal or the Senior Examining Officer. Postal M-files are held by the Postal Lodgment Officer.
Missing mortgagee or chargee
Where the mortgagee or chargee cannot be located s98 Conveyancing Act 1919 provides for a discharge of the mortgage or charge pursuant to an Order of the Supreme Court issued by a Judge in the Equity Division, see s41(2) Supreme Court Act 1970. The discharge will be registered upon production of:
- a letter setting out in brief the circumstances and requesting that the discharge be noted
- an office copy of the Order of Court stating the manner in which the discharge is to be effected and
- the receipt for money paid that has been "duly acknowledged" before a prescribed functionary in accordance with the terms of the Order of Court
Staff processing information - All evidence must be copied and filmed with the registration copy of the discharge.
Missing registered document
If the document is a separate instrument set out in the short form, see Schedule 5 Conveyancing Act 1919, and the original registered document, ie the Principal Deed, is missing, a statutory declaration by the appropriate party, eg the mortgagee, is required stating:
- the particulars of the loss or destruction
- that a diligent search has failed to locate the document and
- that the appropriate party has not in any way encumbered, transferred, assigned or otherwise dealt with their interest.
Staff processing information - A copy of the evidence must be filmed with the registration copy of the document.
Notice of sale form
The Conveyancing Legislation (Notice of Sale) Amendment Act 1992 requires that each document that changes ownership of land, eg an acknowledgement, a conveyance, or the vesting of land, except for a document affecting minerals, coal or remainderpersons only, must be accompanied at lodgment by a separate completed current Notice of Sale form 10-0520 (NOS). The Book and No. of the related document must be written at the top of the NOS form. See Completion of a NOS form page.
Staff processing information - A Manual Data Entry Form 10-0500 (MDE) must be completed and attached to the NOS form.
Plans annexed
There are no requirements as regards land description or survey information contained within a document. The onus for accuracy or adequacy lies with the parties or their agents.
A plan included or annexed to an original document must also be contained in the registration copy. Rule 4.6 and Schedule 1 of the Lodgment Rules require a plan annexed to a registration copy to:
- be referred to in the body of the document
- be drawn on one side of the paper only
- be of A4 size (a composite of several A4 size pages is acceptable where the original is larger than A4)
- not contain colour and
- have clear margins of not less than 10mm all round.
Note A plan fee is not payable. A plan annexed to a document does not have to satisfy the survey and signature requirements that apply to plans annexed to dealings lodged under the Real Property Act 1900.
Priority of documents
Where documents, except for wills, affecting land conflict, priority is determined by the date and time of registration, see s184G Conveyancing Act 1919. For example, where separate conveyances of the same land to different parties have been registered, the time and date of preparation or execution of the document is of no relevance in establishing the priority and the conveyance with the earlier registration will have priority.
Real Property Act forms
The use of Real Property Act dealing forms is considered inappropriate for Old System land. However a Real Property Act dealing form may be accepted for registration provided that all reference to the Real Property Act 1900 on the form has been deleted and verified.
Registrar General's Seal
Affixing the Registrar General's Seal
Registration of a document is effected by the affixing of the Registrar General's "Registered" seal. The Registrar General's seal is affixed to the original document and the registration copy. Bills of sale and powers of attorney are usually sealed on the last page and all other documents are sealed as close to the execution as possible.
Staff processing information - If there is no room for the seal it may be affixed to the back of the page and the page numbering must be amended accordingly. If the lodging party requests the sealing of multiple original documents, advise that there can be only one original document and additional affixing of the seal to other copies is not permitted.
If the Registrar General's seal has been affixed and is then required to be deleted, rule through the seal and Book and No. in a "Z" fashion. Ensure the seals on the original document and the registration copy are deleted. Verify the deletion by affixing the small Registrar General's seal and enter the date and initials.
Registration copy
A registration copy is required for all documents lodged, except for:
- a resumption or acquisition; and
- any document registered in the Register of Causes, Writs and Orders (the original only may be lodged).
Registration copy prepared by the lodging party
A registration copy prepared by the lodging party may be a photocopy, a printed copy (with original signatures), or a typed or handwritten copy. The registration copy, including any annexures, must:
- be on A4 size paper
- use one side of the paper only
- contain text with a minimum font size of 10 point (1.8mm) that is clear, legible, and permanent;
- be suitable for microfilming
- have clear margins:
- on the face of the first page of not less than 25mm at the top and 10mm for all other margins and
- for all subsequent pages of not less than 10mm all round
- bear the signatures that appear on the original document or a representation of the signatures by the writing or typing of the names as signed on the original document and
- bear the seals that appear on the original document or a representation such as "LS" (locus sigilli - the place of the seal), "CS" (common seal) or "Notary Seal" (notary public's seal).
Also see Schedule 1 of the Lodgment Rules.
Registration copy prepared by NSW LRS
The lodging party may request preparation of a registration copy by NSW LRS pursuant to Rule 4.1 of the Lodgment Rules.
Staff processing information - Take the following action:
- prepare a clear A4 size photocopy (photocopied on one side only) of the document
- amend the Deeds Index Particulars form by ruling through note E(1) and have the lodging party verify the amendment
- charge a fee for the preparation of the registration copy. The prescribed fee is payable for the first four pages and an additional fee is payable for every four pages or part thereof thereafter
- register the photocopy in the usual manner.
If an acceptable photocopy for microfilming cannot be prepared by NSW LRS, advise the lodging party that a legible registration copy must be produced, eg by typing or handwriting.
Registration insisted upon
After being informed by NSW LRS that a matter appears to require further action, registration may be insisted upon where it is not otherwise prohibited. The lodging party must be aware that registration does not validate the document and a Court may be required to rule on the matter.
Staff processing information - If registration is insisted upon and is not prohibited:
- stamp the registration copy Registration Insisted Upon near the Registered seal and add the reason for the insistence; and
- add a Noting: Registration insisted upon re [reason for insistence].
Staff processing information - Requisitions
Where a document lodged in bulk is not in order for registration complete a Requisition form 10-1300. The type of document and lodging party reference must be stated. The matter that requires further attention must be clearly stated. The requisition form and all associated and related documents are to be returned to the lodging party. Where a time limit exists as regards registration include the date of the last day for lodgment. If the time limit is about to expire inform the Senior Examining Officer.
Seals
The seal must be affixed legibly in dense black or dark blue ink or be impressed on the original document. The authorised officers may sign through the seal providing important information is not obscured. Adhesive seals are acceptable but they must not obscure information on the document.
- must show the same ACN or ABN as that quoted in the text of the document
- does not have to show the ARBN quoted in the text of a document or
- may not show a number. Further evidence is required to show the company does not have an ACN or ARBN.
A seal affixed to an original document may be represented on the registration copy by the use of:
- "LS" (locus sigilli, ie the place of the seal) or
- "CS" for a common seal or
- "Notary Seal" for the seal of a notary public.
Stamp duty
Documents are marked in regard to stamp duty by a cash register imprint or a rubber stamp. Duty Stamps are not acceptable as evidence of marking, except for documents affecting superannuation funds dated prior to 1.1.2002 and powers of attorney dated prior to 16.12.1985.
Where doubt exists as regards stamp duty requirements for a transaction, the document must be marked by Revenue NSW. Where the document requires marking but no duty is payable it will be stamped "No Duty Payable" by Revenue NSW. Any document liable to stamp duty that has been marked by Revenue NSW will be regarded as sufficiently stamped.
Where an alteration is noted by Revenue NSW a small rubber stamp: "Alteration Noted", is placed in the margin opposite the alteration.
For documents requiring marking and for alterations requiring noting by Revenue NSW, see Documents lodged pages.
A document involving a statutory authority that bears a statement by an authorised officer declaring that the document is "a Crown instrument not liable to Stamp Duty" does not require marking by Revenue NSW.
Statement of Title Particulars
A Statement Of Title Particulars form 20-0310 (STP) pursuant to Parts IVA (4A) and IVB (4B) Real Property Act 1900 is required with a document lodged that changes ownership of Old System land including a mortgage, except where:
- a current Conversion Action (CA) is in existence. The document is forwarded for connection to the CA
- a Torrens Certificate of Title has been issued. The reference to title must be stated. The document may be required to be lodged as a Real Property Act dealing
- the lodging party states a Primary Application is about to be lodged in the near future
- the lodging party states a plan is about to be lodged in the near future or
- the lodging party states another document changing ownership is to be registered in the near future.
Where more than one document affects the same land, only one STP form is required. The STP form must be completed and executed by:
- the owner (purchaser)
- the mortgagee
- the attorney for the owner or mortgagee or
- the solicitor/licensed conveyancer for the owner or mortgagee.
The conveyance evidencing ownership referred to in Panel 1 must be the last registered conveyance or acknowledgement in the chain of title. Panels 3, 4 and 5 require more information if marked "Yes". The information must be supplied.
For documents requiring a STP form, see the particular document in Documents lodged pages.
Staff processing information - The Conversion Action (CA) number is affixed to the top right hand corner of the STP form. Any discrepancies between the STP form and the document lodged must be referred to the lodging party.
The STP form and copies of evidence furnished are placed in a blue packet and forwarded to the Conversion Section for conversion to a Qualified/Limited Torrens Title.
Tenancy shares
Section 26 Conveyancing Act 1919 states: a disposition of the beneficial interest in any property … to or for two or more persons together beneficially shall be deemed to be made to or for them as tenants in common, and not as joint tenants. This section does not apply to persons who …are executors, administrators, trustees, or mortgagees, nor in any case where the instrument expressly provides that persons are to take as joint tenants or tenant by entireties.
Tenancy/shares does not have to be stated in a document. Where the tenancy is not expressly stated it is assumed to be tenants in common in equal shares, except for executors, administrators, trustees or mortgagees who are considered to hold as joint tenants.
Staff processing information - The lodging party must be informed of the discrepancy where the Statement of Title Particulars form discloses a different tenancy or a tenancy that is not in accord with the rules of assumption where not stated in the document.
Torrens title land
Where a document only affects a Torrens Title, including a Qualified Title, the appropriate Real Property Act dealing must be lodged, if possible. A subsisting interest dated prior to the issue of the Torrens Title may be registered in the General Register.
A document affecting a Torrens Title, including a Qualified Title, and Old System land may be registered in the General Register. The appropriate Real Property Act dealing must also be lodged as regards the Torrens Title, if possible.
A document affecting a Torrens Title, including a Qualified Title, that cannot be lodged as a Real Property Act dealing may be registered in the General Register.
Staff processing information - Enter a Noting: "Affects RPA land", eg a contract for sale. The lodging party must be advised that registration in the General Register of Deeds will place the document on Public Record only, but will have no affect on the Torrens Title Register.