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A:

• transfer of lease
• surrender of lease
• lease
• variation of lease or
• mortgage

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 (or official 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.
•  A Real Property Act  form Transfer of Lease form, Surrender of lease form, Lease form, Variation of Lease form, Request to record a determination of lease by re-entry, or National Mortgage form cannot be registered in this instance,

or 

• the Real Property Act dealing form (e.g. the Transfer of Lease form) must be accompanied by:
  • an Old System search (or official 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.

NOTE: The Real Property Act dealing form must be lodged as a Dealing with Exception and be accompanied by a completed "Lodgment Rules Exception form.

NOTE: A request for an official search must be made in the approved form. See Info Sheet “Old System Conversion or Removal of a Caution by an Official Search”.
 

Staff processing information 

A notification (code ULD): 'Devolution of Lease' will be 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.
 

Publication Date: June 2025