Application for Preparation of Lapsing Notice by an Applicant

This page aims to help you complete an electronic Application for Preparation of Lapsing Notice by an Applicant dealing form. This form is used as an application by an applicant (not being the registered proprietor or a registered interest holder) for the Registrar General to prepare a notice relating to the lapsing of a caveat for service on the caveator, where:

• a dealing or delimitation plan is lodged for recording or registration and the recording or registration of the plan is prohibited by a caveat: see section 74I Real Property Act 1900 or 
• an application has been made to extinguish a restrictive covenant and a caveat prohibiting the granting of such an application has been lodged: see section 74JA Real Property Act 1900.

Examples of an applicant who would use this application include:

• an executor or administrator
• a possessory applicant
• a person entitled to an estate or interest in the land/dealing by virtue of an unregistered dealing lodged for registration
• a judgment creditor
• the Trustee in Bankruptcy
• an applicant for the cancellation of a restrictive covenant where a caveat has been lodged prohibiting the granting of such application.

Once an application has been lodged, NSW LRS will prepare a notice to the caveator of proposed lapsing of the caveat. This notice is sent directly to you in duplicate either by mail or by email to the nominated address. Accompanying the notice will be detailed instructions on how to correctly serve the caveator.
 
After the caveator has been served with the notice, you or your Client are then required to provide evidence of this service back to NSW LRS in the form of a statutory declaration.
 
Once the caveator has been served they have 21 days from the date of service of the notice in which to apply to the Supreme Court of NSW for a Court Order to extend the caveat.

Where the above does not apply, please refer to one of the below applications:

• Application for Preparation of Lapsing Notice by a Registered Proprietor
• Application for Preparation of Partial Lapsing Notice by a Registered Proprietor
• Application for Preparation of Lapsing Notice by a Registered Interest Holder
• Application for Preparation of Partial Lapsing Notice by a Registered Interest Holder

NOTE: This form must not be used where the claim in the subject caveat was made pursuant to the Criminal Assets Recovery Act 1990 or if the caveator is the NSW Crimes Commission. Such caveats cannot be lapsed.

For an application under section 74I, a dealing or plan adversely affected by the caveat must have been lodged.

For an application under section 74JA, an application for cancellation of a restrictive covenant must have been lodged.

To avoid requisitions, please ensure that the Application for Preparation of Lapsing Notice by an Applicant dealing form is lodged immediately after the incoming dealing. This is so that the 'incoming dealing number' is allocated and can be entered in the 'Incoming Dealing' field.

Once satisfactory evidence of service of notice to lapse the caveat has been received by NSW LRS, the application cannot be uplifted or withdrawn.
 
After the period of notice has commenced, the dealing, plan or application for cancellation of restrictive covenant should not be withdrawn or uplifted, otherwise the period of notice will be interrupted.

NOTE: The applicant who wishes to lapse the caveat 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 74I and 74JA 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 an Application for Preparation of Lapsing Notice by an Applicant.
 
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 Application for Preparation of Lapsing Notice by an Applicant dealing form.

Land Title

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

Participant Details

Party Details – Party Name

Enter the details of the applicant.

Document

Create Document – Select Other Documents.

Select Application for Preparation of Lapsing Notice by an Applicant.

Dealing on Title

Select caveat.

Caveat Dealing Number

Select the dealing number of the caveat.

Caveator

Select the caveator.

Applicant

Select the applicant.

Capacity of Applicant

Enter the capacity of the applicant. For example, an executor or administrator.

Incoming Dealing 

Enter the incoming dealing number. The incoming dealing must be an unregistered dealing lodged with NSW LRS.

Lapsing Notice by an Applicant pursuant to

Select one of the following:

• 74I. The applicant, being the possessory applicant in the application, applies under SECTION 74I OF THE REAL PROPERTY ACT 1900 for the preparation of the notice referred to in that section. The caveat prohibits the registration of the incoming dealing.
• 74I. The applicant, being a person entitled to an estate or interest in the land/dealing by virtue of the incoming dealing lodged for registration, applies under SECTION 74I OF THE REAL PROPERTY ACT 1900 for the preparation of the notice referred to in that section. The caveat prohibits the registration of the incoming dealing.
• 74I. The applicant, being the judgment creditor in the application, applies under SECTION 74I OF THE REAL PROPERTY ACT 1900 for the preparation of the notice referred to in that section. The caveat prohibits the registration of the incoming dealing.
• 74JA. The applicant, being the applicant for the extinguishment of a restrictive covenant in the request, applies under SECTION 74JA OF THE REAL PROPERTY ACT 1900 for the preparation of the notice referred to in that section. The caveat prohibits the registration of the incoming dealing.

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 an Application for Preparation of Lapsing Notice by an Applicant dealing form may include:

• where an executor is the applicant, a copy of the probate
• where an administrator is the applicant, a copy of the letters of administration
• where the Trustee in Bankruptcy is the applicant, a copy of the certificate of appointment of trustee
• where a judgment creditor is the applicant, a copy of the writ for levy of property (being UCPR form 66).

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