Form number
The Real Property Act dealing form number, e.g. 01TCV, assigned by NSW LRS or the clients own form number, is used to identify the type of form, and may appear on the top left hand corner of a Real Property Act dealing form. The NSW LRS form number consists of:
- 2 digits indicating the category of form, e.g. 01 Transfers and
- a terminal alpha character(s) being a code for NSW LRS purposes, e.g. TCV for Transfer Including Covenant
The absence of a form number or the appearance of the client's own form number in place of the NSW LRS number will not be questioned.
Licence number
From January 1995 approval was given to certain clients to prepare and print their own Real Property Act dealing forms in accordance with NSW LRS requirements. In August 1999 the licensing agreement was altered so that licences are issued on a renewable basis. A unique licence number is assigned to each approved dealing form. Water Access Licence dealings may be licensed in the same manner.
For a Real Property Act dealing form the licence number must be part of the printed form and appear on the top left hand corner of the form, below or to the right of the form number. The licence number cannot be added to an approved form after printing. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [240.500].
For a Water Access Licence dealing form the licence number must be part of the printed form and appear on the bottom left hand corner of the form, below or to the right of the form number. The licence number cannot be added to an approved form after printing. A photocopy of an approved form is acceptable providing it is clear, on the correct paper, and bears original signatures and company seals.
Registrar General's seal
Prior to the introduction of licence numbers, the Registrar General's seal was affixed to the top left hand corner to indicate that a Real Property Act dealing form was an approved form. Older forms showing the Registrar General's seal rather than a licence number are acceptable providing the dealing is dated before 1.11.2001, see Privacy note section below; Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [240.500].
Dealing number and barcode
On acceptance of a Real Property Act dealing for lodgment a label containing the barcoded dealing number is affixed to the top right-hand corner of the dealing and must not be marked in any way. The barcode is used for microfilming purposes.
The presence of a barcoded dealing number does not mean that the dealing has been registered. Registration may be established by a search of the Torrens Title Register.
The 4000000 series of dealing numbers are used for deeds and other documents registered in the General Register of Deeds. There is no differentiation between the dealing numbers used for Real Property Act dealings and Water Access Licence dealings.
The duplicate label, which does not contain a barcode, must be affixed to any Notice of Sale form 10-0520 accompanying the dealing. The original (barcoded) label contains a check digit. When the dealing number is entered in ITS the check digit must not be included.
Evidence numbers
The following applies to Real Property Act dealings and Water Access Licence dealings.
Where documents used for evidence of identity, other than a statutory declaration, (e.g. driver's licence, passport, Local Council rates notice etc) are furnished with a dealing, a separate evidence label containing the barcoded evidence number is affixed to the top right-hand corner of a copy of each document. The label must not be marked in any way. The separate barcode label is to enable NSW LRS only to access the microfilmed document.
The evidence label contains the prefix "EV" before the number.
Marginally note the dealing with the evidence number and the type of document, e.g. "EV1234 driver's licence".
Marginally note the copy of the evidence document with the dealing number and the dealing type, e.g. "AA5432 PV".
Forward the evidence document for microfilming in the same manner as the dealing.
The page numbering of the dealing may require adjustment where evidence documents have been extracted.
Timing of dealings
The following applies to Real Property Act dealings and Water Access Licence dealings. The time and date of lodgment is automatically recorded in ITS for all dealings and caveats. The time and date of lodgment may be obtained by contacting ITD.
Where an uplifted dealing is relodged, the dealing is marked with a dated 'Relodged' stamp and the time of relodgment is recorded within the stamp.
Heading
Every Real Property Act dealing must have a heading. The heading of a licensed form must be identical to the heading of the equivalent form issued by NSW LRS. The heading may be qualified, e.g. "TRANSFER By Way Of Discharge Of Mortgage". The qualification must not alter the essential nature of the form.
Fees
See Fees page - includes allowance of fees, no fee payable, plan annexed fee, refund of fees and current fees.
Privacy note
From 1.11.2001 all dealings are required by the Privacy and Personal Information Protection Act 1998 to contain a note to the effect that the information collected on the form is legally required and will be placed on a public register.
Every Real Property Act dealing lodged must contain the statement:
PRIVACY NOTE: Section 31B of the Real Property Act 1900 (RP Act) authorises the Registrar General to collect the information required by this form for the establishment and maintenance of the Real Property Act Register. Section 96B RP Act requires that the Register is made available to any person for search upon payment of a fee, if any.
except where the dealing:
- is dated before 1.11.2001, or
- is not dated and is accompanied by a statutory declaration stating that the dealing was executed before 1.11.2001.
When completing a dealing or providing additional information (eg: a statutory declaration) to facilitate registration, personal information such as copies of identification documents or reference to a passport number or drivers’ licence number must not be included. If included, NSW LRS will raise a requisition requiring the removal of the identification documents, or amendments of the dealing and/or supporting documents, containing the personal information. The dealing and/or the supporting documents will need to be re-lodged.
There are some limited circumstances where personal information may be requested by NSW LRS and a no fee requisition will be raised to request that information.
Stamp duty
Where a Real Property Act dealing requires marking by Revenue NSW in regard to stamp duty it must bear:
- a cash register imprint or
- a rubber stamp.
Some Real Property Act dealings also require an additional marking as regards Vendor Duty, see individual dealings in Dealing requirements pages.
Where the dealing requires marking but no duty is payable it will be stamped 'No Duty Payable' by Revenue NSW.
Any dealing liable to stamp duty that has been marked by Revenue NSW will be regarded as sufficiently stamped by NSW LRS.
A small rubber stamp: 'Alteration Noted', is placed in the margin opposite where an alteration is noted by Revenue NSW.
For dealings requiring marking and alterations requiring noting by Revenue NSW, see individual dealings in Dealing requirements pages; or Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [265.300].
A dealing involving a statutory authority that does not require marking by Revenue NSW must bear a statement by an authorised officer declaring that the dealing is 'a Crown instrument not liable to Stamp Duty'. See s301 Duties Act 1997 (NSW).
Marginal notes
The marginal Notes (A), (B) etc on the Real Property Act non-interactive dealing forms available from NSW LRS website under Dealing forms page relate to the Instructions for Completion also available from NSW LRS, e.g. Transfer 01T-2, Discharge Of Mortgage 05M-2. The marginal notes may be used to identify a particular part of the printed form.
The interactive forms for Real Property Act dealings also available on the NSW LRS Website under Dealing forms have marginal notes built in as a drop-down option.
Land description panel
See Land description panel page.
Lodging party panel
The following information must be stated in the Lodging Party panel of a Real Property Act dealing form:
- the NSW LRS document Collection Box number, if allocated. The Document Collection Box number must match the lodging party details. The Document Collection Box number must appear on every dealing accepted for lodgment and
- the name and address of the lodging party.
The daytime telephone number is desirable, especially for private parties. The client reference details may be completed. The information is included on the invoice.
If no details are supplied enter the name of a party to the dealing in ITS.
Party dealing with the land or interest
See Party dealing with the land page.
Consideration
The consideration does not have to be stated on a Real Property Act dealing, except for a Transfer Under Power Of Sale. If stated, the consideration must be the same:
- where it is stated in both words and figures. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [250.300] and
- as shown on the NOS form.
A transfer for a nominal or no consideration:
- from a company or
- executed by the attorney for the transferor,
must be referred to Legal through the Senior Examining Officer.
Operative words
The operative words are those words that specify the transaction contained in the Real Property Act dealing, e.g. 'transfers to ...', 'mortgages to ...', as opposed to recitals, e.g. '... being the registered proprietor of ...'. The substitution or deletion of an operative word is unacceptable. An addition to the operative words is acceptable if the intention is precisely stated, e.g. 'transfers and surrenders'. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [250.350].
A qualification to the intent or effect of a dealing is acceptable provided that the operative words remain clear and unambiguous, and the essential nature of the dealing remains unaltered, eg a discharge of mortgage may state 'without prejudice to the rights, powers and remedies of the mortgagee'.
Estate or interest
The estate or interest being dealt with must be specified. A discrepancy between the estate held and the estate being dealt will be requisitioned. An alteration that increases the estate may require further marking by Revenue NSW.
The estates in land are:
- estate in fee simple
- leasehold estate
- life estate and
- estate in remainder.
The interest being dealt with must be noted on the Torrens Title Register. It is acceptable to state the shares being dealt with following the reference to the estate or interest. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [250.400].
Encumbrances
See Encumbrances page.
Dealing code
The dealing code on a Real Property Act dealing form is used for NSW LRS data entry purposes. The dealing code must appear on the form.
Party taking
See Party taking page.
Tenancy and shares
Tenancy must be specified where there is more than one party taking in a Real Property Act dealing. The tenancy must be joint tenants, or tenants in common, or a combination thereof.
If the parties are tenants in common the shares must also be specified. Shares may be shown:
- as fractions, e.g. 2/5 and 3/5
- by decimal point, e.g. 0.75 and 0.25 or
- as percentages, e.g. 60% and 40%.
The tenancy/shares of all registered proprietors are recorded in the First Schedule of the Torrens Title. The tenancy/shares are not recorded in the Second Schedule of the Torrens Title, but may be ascertained from the dealing. Where possible show shares as fractions in the lowest common denominator.
Certificate of correctness
All Real Property Act dealings and caveats must bear a certificate of correctness for the purposes of the Real Property Act 1900. See s117 Real Property Act 1900.
Deletion of the certification is objectionable.
Where the execution is contained in an annexure, no objection will be raised to the omission of the certification from the annexure provided it appears on the dealing itself and the page number containing the execution is referred to in the space provided for execution on the dealing form and the annexure has been properly identified.
Date of execution
The omission of the date of execution is not objectionable, except:
- where the execution is incorporated within a statutory declaration, e.g. Notice of Death form 02ND, Caveat form 08X or
- for a Transfer Under Power of Sale form 01TP
Execution of dealing forms and General Register
See Execution pages.
Page numbering
The total number of pages making up the dealing must be entered in the appropriate location at the foot of the form. Any annexure must be included in the total. Every page of any annexure must be numbered at the foot of each page in the centre and must be in the format 'Page 1 of 5'. The form itself and all the annexures must together form one sequence. The form must be page 1.
Alterations
Alterations to a Real Property Act dealing, instrument and any annexure must be initialled by the parties in the margin opposite. The name of persons initialling and date of alteration must be stated.
Any alteration to a Real Property Act dealing, instrument and any annexure made by a person who is not a party to the dealing must include the signature of the person making the alteration, their name and date. They are also required to state that they are 'authorised to make the alteration'.
Certain alterations must be noted by the Revenue NSW, see the table at the head of each dealing - See Dealing requirements pages.
Annexures
See Annexures page.
Multiple instrument
A single Real Property Act dealing that attempts to carry out more than one transaction is a multiple dealing and an extra fee may be payable. See Fees page. A dealing affecting a multiple ownership folio is not regarded as a multiple dealing. The most common instances of multiple dealings attracting an extra lodgment fee are:
- a single transfer of more than one lease, mortgage or charge
- a lease to two or more persons in succession
- a transfer reserving an easement appurtenant to the land of a third party
- a transfer by a prescribed authority reserving an easement in gross in favour of another prescribed authority not being the transferee
- a single discharge of more than one mortgage
- a single withdrawal of more than one caveat or writ involving the same parties
- an implied surrender of lease.
Plans annexed
See Plans annexed page - includes plan annexed not used to define land affected and plan annexed used to define land affected information.