Residual documents

The below list of dealing types are available for electronic lodgment through an Electronic Lodgment Network Operator (ELNO) as residual documents. A residual document is a structured e-Dealing containing data elements that form the information which will be recorded on the Register. 

Where a dealing is eligible for a Lodgment Rules Exception, it may be lodged as a Dealing with Exception. A Dealing with Exception is used to lodge a paper Real Property Act dealing through an ELNO in accordance with Rule 10 of the Lodgment Rules. 

For more information see:

www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/schedule-of-edealings

Dealing Types	Purpose
Application for a Possessory Title	To be used as an application to be registered as proprietor of Torrens Title land based on possession pursuant to section 45D Real Property Act 1900.
Application for Preparation of Lapsing Notice by a Registered Interest Holder	To be used as an application by a registered interest holder for the Registrar General to prepare a notice relating to the lapsing of a caveat for service on the caveator pursuant to section 74J Real Property Act 1900.
Application for Preparation of Lapsing Notice by a Registered Proprietor	To be used as an application by a registered proprietor for the Registrar General to prepare a notice relating to the lapsing of a caveat for service on the caveator pursuant to section 74J Real Property Act 1900.
Application for Preparation of Lapsing Notice by an Applicant	To be used as an application by an applicant (not being the registered proprietor or registered interest holder) for the Registrar General to prepare a notice relating to the lapsing of a caveat for service on the caveator pursuant to section 74I and section 74JA Real Property Act 1900.
Application for Preparation of Partial Lapsing Notice by a Registered Proprietor	To be used as an application by a registered proprietor for the Registrar General to prepare a notice relating to the partial lapsing of a caveat for service on the caveator pursuant to section 74I Real Property Act 1900.
Application for Preparation of Partial Lapsing Notice by a Registered Interest Holder	To be used as an application by a registered interest holder for the Registrar General to prepare a notice relating to the partial lapsing of a caveat for service on the caveator pursuant to section 74I Real Property Act 1900.
Application to Record a New Registered Interest Holder (With Stamp Duty)	To be used to record a vesting pursuant to section 46C Real Property Act 1900 or a change of trustee pursuant to section 12(4) Trustee Act 1925 to a new registered interest holder of a mortgage, lease or charge and stamp duty is payable.
Application to Record a New Registered Interest Holder (Without Stamp Duty)	To be used to record a vesting pursuant to section 46C Real Property Act 1900 or a change of trustee pursuant to section 12(4) Trustee Act 1925 to a new registered interest holder of mortgage, lease or charge and stamp duty is not payable.
Application to Record a New Registered Proprietor (With Stamp Duty)	To be used to record a vesting pursuant to section 46C Real Property Act 1900 or a change of trustee pursuant to section 12(4) Trustee Act 1925 to a new registered proprietor and stamp duty is payable.
Application to Record a New Registered Proprietor (Without Stamp Duty)	To be used to record a vesting pursuant to section 46C Real Property Act 1900 or a change of trustee pursuant to section 12(4) Trustee Act 1925 to a new registered proprietor and stamp duty is not payable.
Application to Record Writ	To be used to record a writ on a folio of the Register.
Bankruptcy Application	To be used to register an appointed trustee as proprietor of the estate held by a bankrupt.
Cancel Recording of Writ	To be used to remove a writ from a folio of the Register in the circumstances set out in section 105D(1) Real Property Act 1900.
Cancellation of Caution	To be used to remove a caution from a qualified folio of the Register in the circumstances set out in sections 28M, 28MA or 28MC Real Property Act 1900.
Cancellation of Easement	To be used to record the cancellation of an easement by the registered proprietor of the dominant tenement.
Change of Address for Service of Notices on Caveator	To be used to alter the address for service of notices on a Caveat recorded on Torrens Title Land.
Change of Address of Association	To be used to alter the address for service of notice on a community, neighbourhood or precinct association folio.
Change of Address of Owners Corporation	To be used to alter the address for service of notices on an owners corporation as recorded on the folio of the Register for the Common Property Title.
Change of Name	To be used to record a change of name of the registered proprietor of the fee simple.
Change of Name of Caveator	To be used to alter a caveator's name as recorded on Torrens Title Land.
Change of Name of Lessee, Mortgagee or Chargee	To be used to record a change of name of the registered proprietor of an interest in land.
Charge	To be used to register an encumbrance over land for the purpose of securing the payment of an annuity, rent-charge or sum of money other than a debt.
Conservation Agreement	To be used to register a conservation agreement made between the registered proprietor of Torrens Title land and a prescribed authority.
Consolidation/Change of By-laws	To be used to record a change to the by-laws of a strata scheme and record a consolidation of by-laws on the folio of the Register for the common property.
Covenant Charge	To be used to record a charge imposed on land by a prescribed authority for failure to comply with a public positive covenant.
Dealing with Exception	To be used to lodge a paper Real Property Act dealing accompanied by a Lodgment Rules Exception form in accordance with Rule 10 of the Lodgment Rules.
Determination of Lease by Re-entry	To be used where the lease has been determined by the re-entry of the lessor or mortgagor in possession.
Discharge of Charge	To be used by a registered chargee to remove the recording of the charge from a folio of the Register.
Extinguishment of Easement	To be used to record the extinguishment of an easement by a Court Order.
Extinguishment of Positive Covenant	To be used to record the extinguishment of a positive covenant by a Court Order pursuant to section 89(8) Conveyancing Act 1919.
Extinguishment of Restriction on the Use of Land	To be used to record the extinguishment of a restriction on the use of land by a Court Order pursuant to section 89(8) Conveyancing Act 1919.
Modification of Positive Covenant	To be used to record the modification in the terms of a positive covenant by a Court Order pursuant to section 89(8) Conveyancing Act 1919.
Modification of Restriction on the Use of Land	To be used to record the modification in the terms of a restriction in the use of land by a Court Order pursuant to section 89(8) Conveyancing Act 1919.
Notice of Proposed Acquisition	To be used to record a notice of proposed acquisition on the folio of the register pursuant to section 17 Land Acquisition (Just Terms Compensation) Act 1991 (NSW), section 22 Lands Acquisition Act 1989 (Cth) or section 185 Roads Act 1993.
NSW Trustee and Guardian Caveat	This form is a modified version of the Caveat to be used solely by the NSW Trustee and Guardian to protect the estate of a managed person.
Partial Extinguishment of Restriction on the Use of Land	To be used to record the partial release of restriction on the use of land pursuant to section 89(8) Conveyancing Act 1919.
Partial Release of Restriction on the Use of Land	To be used to record the partial release of restriction on the use of land pursuant to section 88 Conveyancing Act 1919.
Payment of Balance of Purchase Money	To be used to advise that purchase money has been paid in full and request the Registrar General to remove from the register the notification for balance of purchase money for closed road is payable.
Positive Covenant	To be used to register a covenant on land by a prescribed authority requiring the registered proprietor to perform specified duties.
Positive Covenant (with Registered Interest Holder Consent)	To be used to register a covenant on land by a prescribed authority requiring the registered proprietor to perform specified duties. To be used where the holder of a registered interest on title (e.g. lessee, mortgagee or chargee of a registered lease, mortgage, charge or covenant charge) agrees to be bound by the terms of the positive covenant.
Positive Covenant Affecting Land Vested in a Prescribed Authority	To be used to register a positive covenant imposed by a prescribed authority on land of which it is the registered proprietor.
Purchaser's Caveat	This form is a modified version of the Caveat that can assist you to record a Caveat to protect the interest of the purchaser where the purchaser has entered into a contract for sale with the registered proprietor.
Registered Proprietor's Caveat	This form is a modified version of the Caveat that can assist you to record a Caveat to protect the interest of the registered proprietor if there is a fear of improper dealing by another person.
Release of Positive Covenant	To be used to record the release of a positive covenant by a prescribed authority pursuant to section 88D(12) or 88E(7) Conveyancing Act 1919.
Release of Restriction on the Use of Land	To be used to record the release of a restriction on the use of land by a prescribed authority or a party to a deed of release or agreement pursuant to section 88D(12) or 88E(7) Conveyancing Act 1919.
Removal of Expired Lease	To be used to remove an expired lease from the Register.
Request to Note Retirement Village	To be used enter a notification pursuant to section 24A Retirement Villages Act 1999.
Restriction on the Use of Land	To be used to register a restriction on the use of land the benefit of which annexed to other land.
Restriction on the Use of Land (with Registered Interest Holder Consent)	To be used to register a restriction on the use of land the benefit of which annexed to other land. To be used where the holder of a registered interest on title (e.g. lessee, mortgagee or chargee of a registered lease, mortgage, charge or covenant charge) agrees to be bound by the terms of the restriction.
Restriction on the Use of Land by a Prescribed Authority	To be used to register a restriction on the use of land imposed by a prescribed authority on land of which it is the registered proprietor.
Restriction on the Use of Land by a Prescribed Authority (with Registered Interest Holder Consent)	To be used to register a restriction on the use of land imposed by a prescribed authority on land of which it is the registered proprietor. To be used where the holder of a registered interest on title (e.g. lessee, mortgagee or chargee of a registered lease, mortgage, charge or covenant charge) agrees to be bound by the terms of the restriction.
Restriction on the Use of Land Vested in a Prescribed Authority	To be used to register a positive covenant imposed by a prescribed authority on land of which it is the registered proprietor.
Surrender of Lease	To be used as a surrender by the lessee to the lessor of a lease.
Surrender of Lease by Operation of Law	To be used to remove a lease notification where the subject lease has been determined by the lessor.
Transfer Altering Tenancy (Joint Tenants to Tenants in Common in Equal Shares)	To be used where the sole purpose of the transfer is to alter the tenancy of all the registered proprietors from joint tenants to tenants in common in equal shares.
Transfer Altering Tenancy (Tenants in Common in Equal Shares to Joint Tenants)	To be used where the sole purpose of the transfer is to alter the tenancy of all the registered proprietors from tenants in common in equal shares to joint tenants.
Transfer and Closure of Crown Road	This form is used to transfer a folio of the Register and request the Registrar General to endorse a notification of the road closure pursuant to section 152H Roads Act 1993.
Transfer by a Joint Tenant	To be used to record the sale of a joint tenant's interest to a person other than the existing joint tenants, or a transfer of a joint tenant's interest to one or more joint tenants but not to all joint tenants.
Transfer by a Local Council	To be used to record the sale of land by a local council for unpaid rates pursuant to section 713 Local Government Act 1993.
Transfer by Chargee Under Power of Sale	To be used for a transfer by the chargee pursuant to a power of sale in a registered charge pursuant to section 58 Real Property Act 1900.
Transfer by Mortgagee Under Power of Sale	To be used for a transfer by the mortgagee pursuant to a power of sale in a registered mortgage pursuant to section 58 Real Property Act 1900.
Transfer Creating a Forestry Right (With Stamp Duty) Transfer Creating a Forestry Right (Without Stamp Duty)	To be used to register a forestry right in regard to Torrens Title land and and stamp duty is payable. To be used to register a forestry right in regard to Torrens Title land and and stamp duty is not payable.
Transfer Creating a Profit à Prendre (With Stamp Duty) Transfer Creating a Profit à Prendre (Without Stamp Duty)	To be used to register a profit à prendre in regard to Torrens Title land and stamp duty is payable. To be used to register a profit à prendre in regard to Torrens Title land and stamp duty is not payable.
Transfer for Public Reserve or Drainage Reserve	To be used to transfer land to a local council for a public reserve or a drainage reserve pursuant to section 49 Local Government Act 1993.
Transfer Granting Easement (With Stamp Duty) Transfer Granting Easement (Without Stamp Duty)	To be used to create an easement affecting Torrens Title land where there is a dominant tenement and servient tenement and stamp duty is payable. To be used to create an easement affecting Torrens Title land where there is a dominant tenement and servient tenement and stamp duty is not payable.
Transfer Granting Easement etc Over Own Land	To be used to create an easement, restriction on the use of land, profit à prendre or forestry right where the servient and the dominant tenements have the same registered proprietor.
Transfer Granting Easement in  Gross (With Stamp Duty) Transfer Granting Easement in Gross (Without Stamp Duty)	To be used to create an easement in favour of a prescribed authority affecting Torrens Title land where there is no dominant tenement and stamp duty is payable. To be used to create an easement in favour of a prescribed authority affecting Torrens Title land where there is no dominant tenement and stamp duty is not payable.
Transfer Including Covenant	To be used to transfer Torrens Title land and simultaneously creates a covenant affecting the land transferred or other land of the transferor.
Transfer Including Easement	To be used to transfer Torrens Title land and simultaneously creates an easement over the land transferred or other land of the transferor.
Transfer of a Profit à Prendre or Forestry Right	To be used to transfer the benefit of a registered profit à prendre or forestry right not having a dominant tenement pursuant to section 87A or section 88AA Conveyancing Act 1919.
Transfer of a Timeshare	To be used to register the new owner when a timeshare is sold or otherwise disposed of.
Transfer of an Estate-In-Remainder	To be used to transfer a registered estate in remainder.
Transfer of Easement in Gross	To be used to transfer a statutory easement in gross from one prescribed authority to another.
Transfer of Lease	To be used for the transfer of a registered lease by the lessee.
Transfer of Minerals or Coal	To be used to transfer minerals or coal from a fee simple title.
Transfer Releasing Easement	To be used to release a registered easement by the registered proprietor of the land having the benefit of the easement.
Transfer Severing Joint Tenancy	To be used to transfer to themselves by one or more registered proprietors, but fewer than all the registered proprietors for the sole purpose of severing a joint tenancy.
Transfer Severing Joint Tenancy in an Interest	To be used to transfer to themselves by one or more registered proprietors of a registered interest, but fewer than all the registered proprietors for the sole purpose of severing a joint tenancy.
Variation of Easement	To be used by the registered proprietors of the dominant and servient tenements to record a variation in the terms or site of an easement pursuant to section 47(5A) Real Property Act 1900.
Variation of Lease	To be used to register a variation in the terms of a registered lease.
Variation of Mortgage	To be used to register a variation in the terms of a registered mortgage.
Variation of Positive Covenant	To be used to record a variation of positive covenant pursuant to section 88D(15) or 88E(7) Conveyancing Act 1919.
Variation of Restriction on the Use of Land	To be used to record a variation of restriction pursuant to section 88D(15) (where land is vested in the authority) or section 88E(7) (where land is not vested in the authority) Conveyancing Act 1919.
Variation of Sublease	To be used to register a variation in the terms of a registered sublease.

Registrar General’s Guidelines for the lodgment of electronic dealings (e-Dealings)

An e-Dealing refers to a registry instrument lodged electronically via an ELN. These guidelines are intended to assist with the preparation, lodgment, examination and registration of electronic registry instruments.

IMPORTANT:

Before lodging a registry instrument electronically via an ELN, a Subscriber must:

• verify their client’s identity
• establish their client’s right to deal with the land
• have a properly completed and executed Client Authorisation form and
• have evidence that supports the dealing.

A Subscriber certifies that they have carried out these steps when digitally signing an e-Dealing. When lodging an e-Dealing, a Subscriber must also certify that they have taken reasonable steps to ensure that the instrument is correct and compliant with relevant law and any Prescribed Requirement as defined in the NSW Participation Rules.

See the NSW Participation Rules and the links below for more information on these requirements. A Subscriber will be asked to demonstrate compliance with these requirements if selected for a compliance examination. Failure to properly carry out these requirements could result in the suspension or termination of a Subscriber by the Registrar General.

Verification of Identity (VOI)

VOI is required for all e-Dealings. A Subscriber can verify the identity of their client either by using the Verification of Identity standard (see Schedule 5 of the NSW Participation Rules) or in some other way that constitutes the taking of reasonable steps. An Identity Agent can also be used to carry out of the VOI of the client.

The Certifier makes the following certification when digitally signing an electronic registry instrument:

The Certifier has taken reasonable steps to verify the identity of the [transferor/transferee/mortgagor/mortgagee/caveator/applicant/covenantor/covenantee/encumbrancer/encumbrancee/
grantor/grantee/lienor/lessor/lessee/receiving party/relinquishing party/Donor] or his, her or its administrator or attorney.

For more information see:

Model Participation Rules Guidance Note 2

https://www.arnecc.gov.au/publications/mpr_guidance_notes

Client Authorisation

A Client Authorisation form is required from the client if a conveyancer or lawyer is signing on a client’s behalf, except when the conveyancer or lawyer is preparing and lodging a Caveat, Withdrawal of Caveat, Priority Notice, Extension of Priority Notice or Withdrawal of Priority Notice.

The Certifier makes the following certification when digitally signing an electronic registry instrument:

The Certifier holds a properly completed Client Authorisation for the Conveyancing Transaction including this Registry Instrument or Document.

For more information see:

Model Participation Rules Guidance Note 1

https://www.arnecc.gov.au/publications/mpr_guidance_notes

Right to deal

The right to deal is the entitlement of a Person to be a particular Party to a Conveyancing Transaction. A Subscriber is required to take reasonable steps to verify their client’s right to deal. What is reasonable depends on the circumstances.

For more information see:

Model Participation Rule Guidance Note 4

https://www.arnecc.gov.au/publications/mpr_guidance_notes

Retention of evidence

Evidence is required to be retained in order to demonstrate that the transaction was completed in accordance with legislative and other requirements and the certifications required were accurately made.

Under the NSW Participation Rules evidence supporting a Conveyancing Transaction must be kept for at least seven years from the date of Lodgment. The evidence must be legible, stored safely and securely, and accessible.

The Certifier makes the following certification when digitally signing an electronic registry instrument:

The Certifier has retained the evidence supporting this Registry Instrument or Document.

For more information see:

Model Participation Rule Guidance Note 5

https://www.arnecc.gov.au/publications/mpr_guidance_notes

Correct and compliant

A Subscriber is required to take reasonable steps to ensure that the registry instrument is correct and that it complies with all relevant legislation and any prescribed requirement before digitally signing the Registry Instrument.

The Certifier makes the following certification when digitally signing an electronic registry instrument:

The Certifier has taken reasonable steps to ensure that this Registry Instrument or Document is correct and compliant with relevant legislation and any Prescribed Requirement.

Other information

Reference to Title 

NOTE: If the transaction concerns an Auto Consol Title or a sub folio within an Auto Consol Title then the references should be entered as follows:

• For an Auto Consol Title enter as 10001-1
• For a sub folio within an Auto Consol Title enter as AC10001-1A.

Attachments

When required, attachments in PDF format may be uploaded to the ELN along with the dealing. The Registrar General’s Guidelines for each dealing specify what types of attachments may or need to be uploaded for that dealing.

Requisitions

For information on how to respond to a requisition see:

https://rg-guidelines.nswlrs.com.au/e-dealings/faqs/procedural_and_administrative/how_may_a_requisition_for_an_electronic_registry_instrument_be_satisfied


 

Publication Date: August 2024