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

Caveats

Caveat form 08X, prohibiting recording of a dealing or plan or granting of a Possessory Application.

 

Caveat against a Possessory Application a caveat may be drawn against the granting of a possessory application.

 

Caveat noted on the Register may have an affect on registration of a dealing.

 

Caveator's consent the caveator may consent to the registration of a Real Property Act dealing that is prohibited by the caveat.

 

Death of a registered caveator what if the caveator dies and the executor or administrator intends to continue with the claim.

 

Exceptions to standard form of caveat instruments that are not prohibited by the standard form of caveat.

 

Further caveat (s74O Real Property Act 1900) by the same caveator for the same estate or interest and based on the same facts as the earlier caveat is of no effect in certain instances.

 

Lapsing of caveat pursuant to s74H(6), (7) Real Property Act 1900 when the estate or interest claimed by the caveator vests in the caveator upon registration of a dealing.

 

Notice of change of address for service of notices or name of caveator form 08CX information, process and procedures.

 

Order of Court or injunction extending a caveat must be lodged with a Request form 11R.

 

Priority between caveats and dealings a caveat is effective from the time of lodgment and has priority over unregistered dealings that are not in registrable form.

 

Record caveat on the Certificate of Title a caveat is not usually recorded on the certificate of title.

 

Removal of an ineffective caveat Section 32(6) Real Property Act 1900 allows for the cancellation of a caveat where its function has been exhausted.

 

Withdrawal of caveat form 08WX information, process and procedures.

 

Lapsing notices

Connection of withdrawal of Caveat and preparation of Lapsing Notice where a Withdrawal of Caveat form 08WX is lodged before the completion of action on a Preparation of Lapsing Notice form 08LX, or vice versa.

 

Evidence of service of lapsing notice evidence required to establish that a lapsing notice has been properly served.

 

Lapsing notice preparation of Lapsing Notice 08LX form.

 

Order of Court or injunction extending a Caveat for a definite or indefinite period of time.

 

Partial lapsing of Caveat pursuant to s74I Real Property Act 1900 where a caveat is partially lapsed pursuant to s74I Real Property Act 1900 to allow registration of a mortgage, lease, charge or covenant charge.