ADIS Code - CWOR
To have any effect after 5 years from the date of registration:
- a current legal proceeding (lis pendens)
- a writ or Order of Court affecting land, issued or made by any Court for the purpose of enforcing a judgment, order, statute or recognisance, whether obtained on behalf of the Crown or otherwise or
- an Order of Court appointing a receiver or sequestrator,
registered in the CWO must be renewed.
Prior to registration the lodging party must present the application for renewal to the Manual Records Counter, basement 1, for a check of the details contained therein.
Application form
The application for renewal must be a certificate "in the approved form", see cl5(3) Conveyancing (General) Regulation 2013. The following wording or words to the same effect may be used for the application.
"Application for Renewal of Registration
(s186 Conveyancing Act 1919)
I, [name and address of applicant], apply for the renewal of the registration of [nature of instrument and registered number] in the General Register of Deeds affecting land land held in the name of [name and address of the proprietor] for a period of 5 years. Evidence in support of my right to have the renewal effected is set out below/attached".
Supporting evidence
The application must be supported by evidence justifying the renewal of registration as follows:
- for a current legal proceeding: a statutory declaration that the litigation has not been determined
- for a writ: a statutory declaration stating that a search has been made in the Sheriffs Office or the District Court as the case may be and that the writ was renewed on the date specified or
- for an Order of Court: a statutory declaration stating that the the Order of Court has not been complied with.
Lodgment requirements
Stamp duty - Not required.
Registration copy - Either the original application or a registration copy of the application may be lodged. If the registration copy is unacceptable, Registration insisted upon is prohibited.
Statement of Title Particulars form - Not required.
NOS form - Not required.
Index particulars form (completion)
(A) Lodging Party - Must be completed as for a Real Property Act dealing.
(B) Instrument - CWO - Renewal
(C) Locality - Not required.
Link Conveyance - Not required.
Principal Deed - Not required.
(D) Indexing - The judgement debtor/defendant.
(E) Certification - Required.
Document requirements
Date: must be dated with the date of execution.
Name: the full names (initials are acceptable) of the parties involved are required. Advise the lodging party of any discrepancies in names.
Principal Deed: the number of the registered legal proceeding etc being renewed as stated in the application must be identical to the number stated on the IPF.
Execution: by the applicant, eg the judgment creditor/plaintiff or their solicitor. A power of attorney must be registered. The judgment debtor/defendant does not have to sign.
Attestation: not required.
IPF: must be completed.
Staff processing information
CA Not required
Ensure the small Registrar Generals seal, date and initials of the Officer verifying the details have been affixed to the registration copy.
The application must be lodged within 5 years from the date of registration of the legal proceeding etc or the last renewal thereof.
Ensure the legal proceeding etc was registered in the CWO by conducting a search. If the legal proceeding etc was registered under the General Frame, ie code "G", the renewal must be registered under the General Frame.
Registration of the renewal in the CWO Register cannot be insisted upon. If registration of the renewal is required after informing the lodging party of any deficiency, the document cannot be registered in the General Register, ie under the General Frame (code "G"). Refer any doubt or queries to Legal Division through the Senior Examining Officer.
Indexing
Locality: nil.
Link Conveyance: nil.
Principal Deed: required. The registered legal proceeding etc and any renewals.
Noting: if:
- an interest, state: "interest in" (or Noting Code: "I")
- a share, state: "[fraction] share"
- part of the land, state: "[affected land description]"
- the land description relies on an attached plan, state: "see attached plan" (or Noting Code: "PL").
V:
Renewal of an Order of Court: all parties to the Order, deceased estates or trusts, and any variations thereof.
Other Renewals: the judgment debtor/defendant, deceased estates or trusts, and any variations thereof.
P: nil.