ADIS Code - L
A lease is a deed or instrument whereby land or premises is rented from the owner for a fixed period of time. The lessee has exclusive use of the land or premises during the term of the lease subject to conditions contained within the lease.
For a sub-lease affecting Kosciuszko National Park.
For documents affecting a long term lease.
A lease by a mortgagee in possession must not exceed 5 years including any option of renewal, see s106 Conveyancing Act 1919.
A lease by an executor must not exceed 3 years including any option of renewal, see s153 Conveyancing Act 1919.
A lease by a trustee must not exceed 5 years including any option of renewal.
If a Real Property Act dealing form is used ensure all references to Real Property Act are deleted and verified.
Options to renew or purchase contained within the lease are not included in the indexing details.
Lodgment requirements
Stamp duty - Not required if the lease is dated on or after 1.1.2008. Required if the lease is dated before 1.1.2008.
If not marked Registration insisted upon, is prohibited.
Any alteration to the term or rent must be marked.
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 - Lease
(C) Locality - Required. The situation of the land affected.
Link Conveyance - For the Old System land affected.
Principal Deed - Not required.
(D) Indexing - The lessor and the lesee.
(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 lessor and the lesee are required. Advise the lodging party of any discrepancies in names.
Operative clause: "... hereby leases/demises ...".
Tenancy: if no tenancy is stated tenants in common in equal shares is assumed, see s26 Conveyancing Act 1919.
Locality: required. The situation of the land.
Land Description: required. 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.
A plan annexed to a lease does not have to comply with all of the requirements for a plan annexed to a Real Property Act lease, but must:
- be suitable for microfilming purposes
- not contain colour
- be referred to in the lease and
- be on A4 size paper (the plan may be a composite of several pages where the original is larger than A4).
The plan does not have to be signed by the parties to the lease. No additional fee is charged for a plan annexed.
Link Conveyance: required. The last registered conveyance or acknowledgment that evidences ownership prior to Book 4000. Whole or part must be established.
Execution: by the lessor. A power of attorney must be registered, except for a lease for less than 3 years including options of renewal. The lessee 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 lease is lodged with another deed that will generate a CA, eg a conveyance or mortgage, the CA number must be connected to the lease.
If the Link Conveyance is above Book 4000 or a previous CA has been raised, ensure a Qualified Title has not issued. If issued.
A lease over land that does not have a Link Conveyance in the form of a Book and No. must be entered under the General Frame, ie code "G", with a Noting: "Lease of [land/premises description and manner of acquisition]". Enter the Locality and Link Conveyance. Enter the lessor as a Vendors entry. Enter the lessee as a Purchasers entry.
CA Not required
Conversion Action is not proceeded with on a lease because the Statement of Title Particulars may not be completed by the proprietor and may not be reliable, and the lodging party of the lease may not be entitled to delivery of the Certificate of Title.)
Indexing
Locality: required. The situation of the land.
Link Conveyance: required. The last conveyance or acknowledgment prior to Book 4000. Indicate whole "W" or part "P".
Principal Deed: nil.
Noting: If:
- affecting premises, state: "of [description of premises]"
- 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 lessor, deceased estates or trusts, and any variations thereof.
P: the lessee, deceased estates or trusts, and any variations thereof.