ADIS Code - CCV
A conveyance may contain an additional covenant requiring production of documents to facilitate searching of the chain of title. A covenant to produce is commonly included where a prior conveyance, ie a conveyance of part, has resulted in a subdivision of the land. The proprietors of, and parties interested in, the new parcels of land have equal access to the shared chain of title documents produced for holding by NSW LRS. See s63 Conveyancing Act 1919.
Permanently produced documents are also known as "deposited deeds". See sole covenant to produce page.
The information contained hereunder relates to a current conveyance where a Qualified Title has not been issued. A form of conveyance is set out in Schedule 2 Conveyancing Act 1919. The conveyance must include a schedule of documents to be produced.
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.
NOS form - Required.
Index Particulars form (completion)
(A) Lodging Party - Must be completed.
(B) Instrument - Conveyance - Covenant to Produce (With)
(C) Locality - Required. The situation of the Old System land.
Link Conveyance - For the Old System land affected.
Principal Deed - Not required.
(D) Indexing - The vendor and the purchaser.
(E) Certification - Required.
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.
Schedule Of Documents: required. The documents referred to may or may not be registered and can be of any type.
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
If the Link Conveyance is above Book 4000 or a previous CA has been raised, ensure a Qualified Title has not issued. If issued.
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: nil.
- 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 thereof. Also the last registered owner where they are not identical to the vendor.
P: the purchaser, deceased estates or trusts, and any variations thereof.