A transfer of lease, surrender of lease, sub-lease, variation of lease or mortgage of lease affecting a lease carried forward as a subsisting interest, i.e. 'Bk ... No. ... Lease to ...' must either:
- be registered as a deed in the General Register of Deeds and a Request form 11R together with an Old System search showing the party entitled to deal with the lease must be lodged to record the interest. A change in proprietorship must be registered in the General Register of Deeds. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [390.100]. Note A Transfer Of Lease form 01TL, Surrender of lease form (Form 07DL), Sub-Lease form (Form 07SL), Variation of Lease (Form 07VL) or Mortgage of Lease (Form 07ML) cannot be registered in this instance or
- be accompanied by:
- an Old System search of the leasehold title and
- a statutory declaration made by the person who undertook the Old System search of the leasehold title stating:
- their qualification
- that he or she has inspected all deeds since the leasehold title was created to the present time
- the registered Book and No. and type of all instruments inspected to show the leasehold title has not expired and
- the registered Book and No. and type of all instruments to which the leasehold estate is subject.
A notification (code ULD): 'Devolution Of Lease' is entered in the Second Schedule and all further transactions affecting the lease may be lodged on a Real Property Act form and do not require further evidence of devolution.
Refer to Legal through the Senior Examining Officer in both instances. See Baalman and Wells, Land Titles Practice, Lawbook Co. 2001 [300.700].