A notification in the form of a Caution is recorded on titles issued as a result of a conversion action. For more information on why Cautions are entered, see Conversion Actions.
Where a folio of the Register has a Caution recorded on it, methods for its removal include the following:
The method used will depend on the nature of the Caution recorded on the folio:
Deed for value
For a Caution recorded pursuant to section 28J(1) of the Real Property Act 1900, the Caution may be removed:
- by registration of a transfer for value after the expiration of 6 years from the date of the Caution - by lodgment of an appropriate Request form 17CC
- in the absence of a transfer for value - after the expiration of 12 years from the date of the Caution - by lodgment of an appropriate Request form 17CC
- by the Registrar General’s own motion - after the expiration of 12 years from the date of the Caution.
See sections 28M and 28MF Real Property Act 1900.
NOTE: After 12 years a Caution is not enforceable, even if it is still recorded on the folio of the Register.
Deed of gift
For a Caution recorded pursuant to section 28J(1) and 28J(1A) of the Real Property Act 1900, the period for the removal of the Caution will commence from the date of the first transfer for value, after which the conditions for a ‘Deed for value’ (see above) will apply.
See section 28MA Real Property Act 1900.
Deed based on adverse possession
For a Caution recorded pursuant to sections 28J(1) and 28J(1B) Real Property Act 1900, the Caution may be removed by the lodgment of a Primary Application, or after 12 years (if considered appropriate in the circumstances), by the lodgment of a Request form 11R confirming the documentary owners right to recover the land has been barred (see sections 28ME Real Property Act 1900).
The nature of the Request should take the form of:
'The applicant, being the registered proprietor of the land described, hereby requests the Registrar General to cancel the caution recorded in the above folio of the Register pursuant to section 28ME of the Real Property Act 1900.'
Alternatively, a Primary Application may be lodged to remove the Caution in these circumstances.
All NSW legislation can be accessed at www.legislation.nsw.gov.au/
NOTE: where a “QS” notification is recorded on title a completed Statement of Title Particulars must accompany the next transaction.
Publication Date: March 2025