Change of Name of Caveator

This page aims to help you complete an electronic Change of Name of Caveator to update the name of the caveator in accordance with section 74N(3) Real Property Act 1900.

Only a person who is entitled to withdraw a private caveat may change the name of the caveator. Section 74M Real Property Act 1900 lists the persons entitled to withdraw a caveat.

Once the Registrar General is notified of the change of name of the caveator, it will record on the relevant folio of the Register the new name: section 74N(3) Real Property Act 1900.

If a change of name is required for another purpose, use one of the following:

  • Change of Name of Lessee, Mortgagee or Chargee

  • Change of Name.

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 – section 74N(3) Real Property Act 1900.

Stamp Duty – not required.

CoRD Holder Consent – not required.

Notice of Sale – not required.

Standard Form of Caveat – a caveat noted on the Register will not prevent recording of the Change of Name of Caveator.

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

The following headings refer to the data fields that must be completed in order to lodge an electronic Change of Name of Caveator form.

Land Titles

Enter the land title reference(s) for the land affected by the caveat.

Participant Details

Caveator’s Name (Party Details – Party Name)

Enter the new name of the caveator. The ACN or ARBN of a company must be stated.

Select the appropriate reason from the list. The list, together with the evidence required to support each reason, can be found at:

https://rg-guidelines.nswlrs.com.au/e-dealings/elodgment/elodgment_requirements/justification_for_a_name_discrepancy.

Document

Create Document - Select Other Documents.

Select Change of Name of Caveator.

Dealing on Title

Select the interest affected.

Caveat Dealing Number

Select the recorded dealing number of the affected caveat.

For information on Death of a Registered Caveator see: https://rg-guidelines.nswlrs.com.au/land_dealings/dealing_requirements/caveats/death_registered_caveator.

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.

The evidence that the Subscriber is required to retain to support a Change of Name of Caveator form may include the types of evidence set out in the following link:

https://rg-guidelines.nswlrs.com.au/e-dealings/elodgment/elodgment_requirements/justification_for_a_name_discrepancy.

Other forms of evidence may be acceptable and 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/