On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

Cancellation of Caution

This page aims to help you complete an electronic Cancellation of Caution dealing form. This form is 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.

NOTE:

  • earlier Qualified titles were issued with a caution pursuant to section 28A or 28J Real Property Act 1900. For all intents and purposes these are the same as section 28J(1) Real Property Act 1900
  • a caution pursuant to section 28J(1A) Real Property Act 1900 may also include reference to section 28J(1) Real Property Act 1900. The caution must be treated as if pursuant to section 28J(1A) Real Property Act 1900.
  • a caution pursuant to section 28J(1B) Real Property Act 1900 may be removed by lodging a Request dealing form in paper together with the required evidence or by lodgment of a Primary Application. 

For more information, see Cautions.

NOTE: The applicant must be represented in the workspace for this dealing form. 

Subscriber requirements

Before lodging this document electronically via an Electronic Lodgment Network, a Subscriber must:

  1. verify their Client’s identity
  2. establish their Client’s right to deal with the land
  3. have a properly completed and executed Client Authorisation form and
  4. retain evidence that supports the dealing (see Supporting Evidence below).

The 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.

For more information on these requirements see:

Residual Documents

Guide to complete

Legislation – sections 28J(1), 28J(1A), 28J(1B), 28M, 28MA and 28MC Real Property Act 1900.

Stamp Duty – not required.

Notice of Sale – not required.

Standard Form of Caveat – a caveat noted on the Register will prevent the recording of a Cancellation of Caution where the caveator claims to be entitled to a substituting interest.

Priority Notice Noted on the Register - see Priority Notice page for more information.

The following headings refer to the data fields which must be completed in order to lodge an electronic Cancellation of Caution dealing form.

Land Title

Enter the land title reference(s).

Participant Details

Party Details – Party Name

Select the applicant. The applicant must be either:

  • one of the current registered proprietors; or
  • one of the transferees in an accompanying/unregistered Real Property Act transfer for value. NOTE: This form must be lodged in a separate workspace to the transfer. Currently this cannot be lodged together with an electronic transfer, however it could be lodged separately.

Document

Create Document – Select Other Documents.

Select Cancellation of Caution.

Applicant

Select the applicant.

Caution

Enter the dealing number of the caution, if it is shown on the Torrens Title Register. If not shown, enter the type of caution e.g. section 28J(1) or 28J(1A).

Attachment

Attachment Type – Statutory Declaration

Complete and attach the Statutory Declaration for Cancellation of Caution (Form SD-17CC).

Refer to the following to complete the statutory declaration:

The full name of the declarant and the nature of their authority must be stated.

Item 1

Enter the Folio reference from which the caution is being cancelled.

Item 2

Select option which applies, the caution is to be removed pursuant to the following section of the Real Property Act 1900:

Item 2: 28M(2) [caution 28J(1): 6 years elapsed]

The applicant must have acquired the land by means of a Real Property Act transfer for value and 6 years must have elapsed since the date of entry of the caution on the Qualified title. The registered number of the transfer must be stated. Where the transfer accompanies the application, the number will be marginally noted in NSW LRS.

Item 2: 28MA(2) [caution 28J(1A): 6 years elapsed]

Six years must have elapsed since the registration of an initial Real Property Act transfer for value followed by a second Real Property Act transfer for value, i.e. two transfers for value must be registered after the date of entry of the caution on the Qualified title and six years must have elapsed since the registration of the initial transfer for value before the caution can be removed (registration of the first transfer for value initiates the statutory limitation). The registered number of the latter transfer must be stated. Where the transfer accompanies the application, the number will be marginally noted in NSW LRS.

Item 2: 28M(3) [caution 28J(1): 12 years elapsed]

Twelve years must have elapsed since the date of entry of the caution on the Qualified title.

Item 2: 28MA(3) [caution 28J(a): 12 years elapsed]

Twelve years must have elapsed since the registration of a Real Property Act transfer for value (registration of the first transfer for value initiates the statutory limitation). The registered number of the transfer must be stated.

Item 2: 28MC [based on an Official Search]

The number of the Official Search certificate issued by NSW LRS must be stated.

Item 3

To be completed only if the land is occupied by someone other than the applicant or a person entitled under a registered dealing to occupy the land. The full name of the occupant and the nature of the occupation must be stated.

Item 4

State after the word ‘except’ the name and address of any claimant to a subsisting interest and the basis of the claim. If no claim exists, the line 'except' must be deleted and verified.

General statutory declaration requirements can be found here.
 
Attachment Type – Supporting Evidence

Attach any supporting evidence if required.

Supporting evidence

In addition to evidence supporting the steps taken by the Subscriber to verify the identity of their Client and establish their Client’s right to deal, the Subscriber may be required to retain other evidence to support the dealing.

It is a matter for the Subscriber to be satisfied that they have met the requirements for the dealing. Please refer to the ARNECC Guidance Note 5 for assistance on retaining evidence to support conveyancing transactions in accordance with the NSW Participation Rules.

All NSW legislation can be accessed at www.legislation.nsw.gov.au