Conveyance - confirmatory

ADIS Code - CC

A confirmatory conveyance may be registered to amend incorrect details in a previous conveyance. A form of conveyance is set out in Schedule 2 Conveyancing Act 1919.

A confirmatory conveyance must be by the same parties as in the original conveyance.  A confirmatory conveyance can confirm any type of conveyance at any time.

Lodgment requirements

Stamp duty - Required. Marking as regards Vendors Duty is also required.  If not marked, Registration insisted upon is prohibited.

Any alteration to the consideration, tenancy, interest/share, or change to the names of the parties must be marked.  A minor change in spelling that does not alter the identity of a party may be ignored.  The addition of a name must be marked.

Not required where the tenancy only is changed.

Registration copy - Required.  If unacceptable, Registration insisted upon is prohibited.

Statement of Title Particulars form - Required only if the confirmatory conveyance affects a current conveyance, a current CA does not exist and a Qualified Title has not been issued.

NOS form - Required only if the confirmatory conveyance affects a current conveyance.

Index Particulars form  (completion)

(A) Lodging Party - Must be completed.

(B) Instrument - Conveyance - Confirmatory

(C) Locality - Required. The situation of the Old System land.

Link Conveyance - For the Old System land affected.

Principal Deed - Required. The registered affected conveyanace.

(D) Indexing - The vendor and the purchaser.

(E) Certification - Required.

Document requirements

Date:  must be dated with the date of execution.  If not dated advise the lodging party.  If a date is not furnished, indicate Registration insisted upon and include the reason.

Name:  the full names (initials are acceptable) of the vendor and the purchaser are required.  Advise the lodging party of any discrepancies in names. 

Tenancy:  the tenancy/shares must be identical to that stated on the STP form.  If tenancy is not stated for more than one purchaser, tenants in common is assumed.

Operative clause:  "... hereby convey/convey to ...".

Locality:  required.  The situation of the Old System land.

Land Description:  required.  The Old System land must be described by reference to:

  • a metes and bounds description
  • another registered instrument
  • a plan attached
  • a Government Gazette notice or
  • a lot or parcel in a subdivision.

Link Conveyance:  required.  The last registered conveyance or acknowledgment that evidences ownership prior to Book 4000.  Whole or part must be established.

Principal Deed:  the number of the affected original conveyance as stated in the confirmatory conveyance must be identical to the number stated on the IPF.

Execution:  by the vendor.  A power of attorney must be registered.  The purchaser does not have to sign.

Attestation:  required.  Must be witnessed by a person of 18 years of age or older who is not a party to the document.

IPF:  must be completed.

Staff processing information

A confirming conveyance by other parties (known as a rectifying conveyance), eg. by the executor where the vendor has died since the original conveyance, must be entered under the General Frame, ie code "G", with a Noting: "Deed of retification".  Enter the original conveyance as a Principal Deed. Enter the vendor as a Vendors entry.  Enter the purchaser as a Purchasers entry.

The confirmatory conveyance must be connected to a current CA.

If the Link Conveyance is above Book 4000 or a previous CA has been raised, ensure a Qualified Title has not issued. If issued.

CA Required only if the confirmatory conveyance affects a current conveyance, a current CA does not exist and a Qualified Title has not been issued.

Indexing

Locality:  required. The situation of the Old system land. 

Link Conveyance:  required. The last conveyance or acknowledgment prior to Book 4000.  Indicate whole "W" or part "P".

Principal Deed: required.  The conveyance being confirmed.

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: the vendor, deceased estates or trusts, and any variations, including a change of the vendor's name resulting from the confirmation. Also the last registered owner where they are not identical to the vendor.

P: the purchaser, deceased estates or trusts, and any variations thereof.