The registered proprietor of an estate or interest holds subject to estates and interests recorded on the Torrens Title Register, see s42(1) Real Property Act 1900, and any dealing will be taken subject to any interest recorded on the Register.
Mortgages, leases, charges, and/or covenant charges lodged together or connected after lodgment must be stated in the Encumbrances of a Real Property Act dealing in order to indicate the priority of registration, or an accompanying letter by the party ceding priority may set out the order of registration.
Where a current registered lease affects the same land or premises and has a term that overlaps with an incoming lease:
- the current registered lease must be noted in the Encumbrances of the incoming lease to indicate it is a concurrent lease or
- the incoming lease must otherwise clearly indicate it is a concurrent lease or
- an accompanying letter must state that the incoming lease is a concurrent lease or
- the current registered lease must be removed.
Any mortgage or charge that is to remain on the Register, and does not have priority over the mortgage or charge under which a power of sale is being exercised, must be noted in the Encumbrances of the Transfer Under Power Of Sale form 01TP.
A writ recorded on the Torrens Title Register must be noted in the Encumbrances, or the Court must consent to the dealing, or the writ must be removed.
An interest that has not been lodged must not be stated in the Encumbrances.
A caveat noted in the Encumbrances will be ignored.
Staff processing information
A 28 Day Notice of Intended Registration form 10-0180 will be sent where an unregistered interest stated in the Encumbrances has not been lodged. The dealing will be marginally noted as to the action taken and the action taken must be recorded in the electronic minute papers.