Note The application must be referred to the Senior Examining Officer in all instances. The caveat must not be removed without a direction given by the Senior Examining Officer.
Note Where the claim in the subject caveat was made pursuant to the Criminal Assets Recovery Act 1990 or the caveator is the NSW Crimes Commission, the application must not be accepted.
Note Where the subject caveat is by the Commissioner of Stamp Duties refer the application to Legal Services before accepting for lodgement.
Note Once satisfactory evidence of service of notice to lapse caveat has been received by NSW LRS, the application cannot be uplifted or withdrawn.
Form 08LX (PDF 100 KB)
Dealing type - LX
Legislation - s74I, s74J, s74JA Real Property Act 1900
Stamp duty - not required
Certificate of Title - not required
NOS form - not required
Standard form of Caveat - does not prevent registration.
Priority Notice noted on the Register - see Priority Notice page.
(A) The reference to title for the land affected by the caveat must be stated.
(B) Re s74I or s74JA Real Property Act 1900, the lodgment or registered number of the dealing affected by the subject caveat must be stated. The reference to title for the land affected by the caveat must be stated.
(D) The registered number of the caveat and the name of the caveator must be stated and be identical with that shown on the Register.
(E) The full name of the applicant must be stated and must be identical with the name of the registered proprietor of the estate or interest as shown on the Register or the adverse dealing.
Note The registered proprietor of the land cannot apply under s74J Real Property Act 1900 to lapse a caveat affecting a mortgage, lease or charge. Only the mortgagee, lessee or chargee, or a party with a recorded interest in the mortgage, lease or charge (e.g. a mortgage of lease or sub-mortgage) can apply under s74J Real Property Act 1900.
An application to lapse a caveat may be made by less than all the registered proprietors of the estate or interest.
Note It should be clearly stated if lapsing is required only as regards a particular registered proprietors share/interest.
The executor or administrator of a deceased registered proprietor may apply. The relevant probate or letters of administration must be furnished.
(F) Part A or Part B must be deleted as appropriate and the deletion verified.
(G) Part A
s74I Real Property Act 1900: a dealing or plan adversely affected by the caveat must have been lodged. The applicant must be:
- the registered proprietor of the land, or
- entitled to an estate or interest affected by the dealing or plan, or
- the judgment creditor under any writ that cannot be recorded because of the caveat.
s74JA Real Property Act 1900: an application for cancellation of a restrictive covenant must have been lodged. The applicant must be the same applicant in the application for cancellation of the restrictive covenant.
The appropriate item must be selected, and be completed if required. The other items must be deleted and verified.
(H) The appropriate section must be selected and the other section must be deleted and verified.
(I) The dealing number and description of the unregistered dealing or plan must be stated.
(J) Part B
s74J Real Property Act 1900: the applicant must be the registered proprietor of an estate or interest in the land or dealing affected by the caveat.
The appropriate item must be selected, and be completed if required. The other item must be deleted and verified.
(K) The dealing must be executed by the applicant and be witnessed, or it may be executed on the applicant's behalf as follows:
||Attorney and witnessed
||Solicitor or Barrister
||Authorised officer and witnessed
See execution requirements for companies, witnesses etc. pages
Staff processing information
Obtain a copy of the caveat and refer to the Senior Examining Officer.
Directions for the Senior Examining Officer may be found at TRSinfo website.