There are two forms of Primary Application:
Section 14 Primary Application (section 14 Real Property Act 1900) - lodged by the documentary owner of an Old System parcel (fee simple) and supported by a chain of deeds dating back at least 30 years (as required by section 53 Conveyancing Act 1919). The boundaries of the parcel claimed in the application must be defined in a new or recent plan of survey. An application may also be lodged by a person claiming the land by adverse possession (for a period of 12 years or more). Additionally, there may be other classes of applicants – see section 14 Real Property Act 1900.
Section 31A Primary Application (by way of resumption) (section 31A Real Property Act 1900) - lodged by a government authority or a local council following acquisition or resumption by notice in the Government Gazette. The boundaries of the parcel may be surveyed or compiled (with the approval of the Plan and Title Advisor at NSW LRS – plan-info@nswlrs.com.au) in either a new plan or a plan already on public record.
Generally
A Primary Application enables conversion of Common Law Title to the provisions of the Real Property Act 1900 and is used for:
Old System/Qualified and/or Limited land
Applicants may claim an entitlement to an estate in fee simple in land based on documentary or possessory title.
Easements
Applicants may claim an entitlement to an easement based on documentary title. Claims can only be made when:
- the land forming part or whole of the dominant tenement is the subject of the application and the easement is additional to the claim - see section 14(5) Real Property Act 1900 or
- the land forming part or whole of the dominant tenement is currently under full Torrens Title and is held by the applicant, who wishes to have the right entered as a notification on the existing title.
NOTE: It is also possible to convert an easement to Torrens Title by lodging a Statement of Title Particulars for the dominant tenement parcel. A Conversion Action will be prepared in NSW LRS and a new Qualified/Limited Certificate of Title created (on creation, this title will not contain a notification regarding the easement). A Request form 11R may then be lodged requesting that the easement be noted as appurtenant to the land in the Qualified Title. The Request form should be accompanied by an Old System search of the servient and dominant tenements, proving that the grantors in the creating deed had good title to create the easement and that it was not subsequently extinguished by union of tenements.
Plan requirements
All Primary Applications under section 14 Real Property Act 1900 should be accompanied by a new plan of survey, unless exempt for the reasons set out below. The plan should be lodged with the application and will be registered as a deposited plan. In addition to the fee for the Primary Application, plan lodgment fees will apply. Where the plan includes Torrens Title land, the Certificate(s) of Title must be lodged or produced. The normal requirements for subdivision consent, signatures and section 88B instruments apply to plans lodged with Primary Applications.
Exemptions from new plans of survey
Subject to the written approval of the Plan and Title Advisor at NSW LRS (plan-info@nswlrs.com.au), a new plan of survey may not be required where the parcel is a lot in a registered deposited plan which:
- is a plan of survey made within 12 years of the date of lodgment
- is a plan of survey more than 12 years old and evidence is furnished that the land and adjoining lands are vacant and unfenced
- is a plan of survey more than 12 years old, the land is fenced and the consents of all adjoining owners to the plan and the position of the occupations/fencing shown thereon are furnished
- is compiled and based on a prior registered deposited plan of survey made within 12 years from the date of lodgment
- is surrounded by registered deposited plans of survey made within 12 years of the date of lodgment. There must be no conflict between the surveys represented in these plans.
Lodgment of a Primary Application
The Primary Application prepared using Primary Application Form (00PA) and the deposited plan should be lodged at NSW LRS and the prescribed fees paid.
Other information to be lodged includes:
- all deeds and other documents evidencing the devolution of title from the selected commencing point
- searches of the General Register of Deeds (including causes, writs and orders) and
- any other evidence establishing ownership of the parcel.
Additional information relating to the completion of a Primary Application and the collection and listing of the chain of deeds may be found in the fact sheet on Preparing and lodging a Primary Application (PA) or caveat against a PA.
All NSW legislation can be accessed at www.legislation.nsw.gov.au/
Publication Date: March 2025