ADIS Code - CVPD
A covenant to produce documents (also called Deposited Deeds), normally lodged in response to subdivision of Old System land, may be satisfied by permanent lodgment of the original documents in NSW LRS. The production allows interested parties to search the original registered and/or unregistered documents that comprise the common chain of title to the parcels.
The covenantor is the party required to produce the documents. The covenantee is the party gaining the benefit from the covenant.
See covenant to produce included within a conveyance page.
The covenant can be satisfied by permanent lodgment of the documents in Public Records Branch. Inquiries about permanently produced documents must be referred to the Old System Inquiry Officer, Manual Records, Basement 1.
Stamp duty - Not required.
Registration copy - Required. If 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.
(B) Instrument - Covenant - To Produce Deeds
(C) Locality - Not required.
Link Conveyance - Not required.
Principal Deed - The last conveyance or acknowledgment if included in the schedule of documents.
(D) Indexing - The covenantor.
(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 covenantor and the covenantee are required. Advise the lodging party of any discrepancies in names.
Operative clause: "... hereby covenant to produce ...".
Schedule of Documents: ensure there is a list of the documents to be produced. The documents may be of any type and registered or unregistered, 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.
Principal Deed: if included, the registered number of the last conveyance or acknowledgement in the list of documents to be produced as stated in the covenant must be identical to the number stated on the IPF.
Execution: by the covenantor. A power of attorney must be registered. The covenantee 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
CA Not required.
Link Conveyance: nil.
Principal Deed: if included, the last conveyance or acknowledgement in the list of documents to be produced.
V: the covenantor, deceased estates or trusts, and any variations thereof.