A Lease instrument is used to register a new lease over the land title.
An electronic lease can be lodged where it affects the whole of the land, part of the land and premises by all the registered proprietors.
An electronic Lease cannot be used (a paper Lease form RP 07L may be used) in the following instances:
- by a life tenant
- by a mortgagee or chargee in possession
- by The State of New South Wales
- by a Reserve Trust
- by National Parks and Wildlife, i.e. Kosciuszko leases
- by the Land Administration Ministerial Corporation
- of land for association property
- where an easement is included. (Creating an easement)
- of premises within a retirement village for a term exceeding 25 years
- of a Public Reserve
- of an interest or share in land.
- over 20 land titles
- requiring marking by Revenue Office
- by less than all of the registered proprietors
- including a carry- over term
- of land excluding premises
- that refers to a maritime structure, e.g a berth, berthing area, boardwalk, jetty, mooring, pier, marina
- for the life of the lessee or for the life of another person
- with an uncertain term or a term measured in other than days/years
- where a leasehold title is to be created
- concurrent lease
Please note that an electronic lease provides a statement by the lessor where the option to renew or purchase has not been exercised. This statement can be ignored if there are no options recorded on the Register.
THE LESSOR DECLARES, TO THE BEST KNOWLEDGE OF THE SUBSCRIBER, THAT REGISTRATION OF THE LEASE IS NOT PRECLUDED BY ANY OPTION OF RENEWAL/PURCHASE IN A REGISTERED LEASE.
An electronic lease requires a CoRD Holder Consent. See CoRD Holder Consent requirements to identify which type of consent needs to be provided.