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

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 the relevant folio of the Register 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:

NOTE: The caveator 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 – section 74N(3) Real Property Act 1900.

Stamp Duty – not required.

Notice of Sale – not required.

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

Justification for the Change of Name

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

Where a correction of a name is required:

  • for an individual, the justification reason ‘change of name’ should be selected
  • for a company, the justification reason ‘incorporated name change’ should be selected
  • the evidence date is the lodgment date or other if applicable and
  • the evidence document ID is N/A.

Document

Create Document - Select Other Documents.

Select Change of Name of Caveator.

Dealing on Title

Select Caveat.

Caveat Dealing Number

Select the 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