ADIS Code - CVV
A variation of covenant alters the obligation between parties created by the covenant.
Lodgment requirements
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 - Variation of
(C) Locality - Not required.
Link Conveyance - Not required.
Principal Deed - The registered covenant.
(D) Indexing - The the party burdened and the party benefited by the covenant, and the party with the power to vary the covenant.
(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 party burdened and the party benefited by the covenant, and the party with the power to vary the covenant, are required. Advise the lodging party of any discrepancies in names.
Operative clause: "... hereby varies the covenant ...".
Principal Deed: required. The number of the registered covenant as stated in the release must be identical to the number stated on the IPF.
Execution: by the party benefited by the covenant or the party with the power to vary the covenant. A power of attorney must be registered if land affected.
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 variation of an unregistered covenant must be entered under the General Frame, ie code "G", with a Noting: "Variation of unregistered covenant dated ...". Enter the Link Conveyance and Locality if Old System land is affected. Enter the party burdened and the party benefited by the covenant as Vendors entries.
A variation of a restriction on the use of land must be entered under the General Frame, ie.code "G"
CA Not required.
Indexing
Locality: nil.
Link Conveyance: nil.
Principal Deed: required. The registered covenant.
Noting: if Old System land is affected and:
- part of the land, state: "part being [affected land description]"
- the land description relies on an attached plan, state: "see attached plan" (or Noting Code: "PL").
V: the party burdened and the party benefited by the covenant, and the party with the power to vary the covenant, deceased estates or trusts, and any variations thereof.
P: nil.