Part IVA Real Property Act 1900 allows for conversion of Old System land to a Qualified folio based on the lodgment of a suitable deed in the General Register of Deeds or a suitable plan lodged at the Plan Lodgment Counter. A Qualified folio may be issued as a computer folio of the Register.
All Qualified folios carry a caution notification in the Second Schedule pursuant to s28J(1), s28J(1A), or s28J(1B) Real Property Act 1900 warning any person having an interest in or dealing with the land that subsisting interests not recorded on the Qualified folio of the Register may exist. New Form folios show the word 'Qualified' below the Volume and Folio number. The type of caution depends on the circumstances of conversion and has no affect on dealings lodged.
An additional caution notification (code 'QS') may also appear on a Qualified folio of the Register as follows:
'Qualified Title. Caution Pursuant To Section 28J Real Property Act 1900. This Title Was Created Using NSW Land Registry Services Records In Accordance With Section 28D Real Property Act 1900. Delivery Of The Title And/Or Registration Of Any Dealing Will Require Lodgment Of A Statement Of Title Particulars Supplying Complete Ownership Details'.
Note A folio may be both Qualified and Limited.
A caution may be removed from the folio, hence converting the Qualified title into a full Torrens title, by the following actions:
- s28J(1) and s28J(1A) by lodgment of a Cancellation of Caution form 17CC (PDF 150 KB) based on the expiration of the time periods specified in the Real Property Act 1900)
- s28J(1) and s28J(1A) by lodgment of a Cancellation of Caution form 17CC (PDF 150 KB) pursuant to s28MC Real Property Act 1900 based on an Official Search certificate issued by NSW LRS (the application for an Official Search must be accompanied by an identification survey and a survey report by a registered surveyor or by an appropriate letter indicating that the parcel has been recently surveyed)
- s28J(1), s28J(1A) and s28J(1B) by lodgment of a Primary Application pursuant to s14(8), (9), (10) and (11) Real Property Act 1900
- s28J(1) by lodgment of any dealing after the expiration of 12 years from the date of entry of the caution on the Qualified title. No extra fee is payable
- s28J(1A) by lodgment of any dealing after the expiration of 12 years from the date of registration of the first Real Property Act transfer for value of the Qualified title (registration of the first transfer for value initiates the statutory limitation). No extra fee is payable or
- s28J(1B) by lodgment of a Request form 11R together with the required evidence. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [485.550].
- s28J by lodgment of a transfer by or to the State of New South Wales together with a Request (11R) Declaration of Crown land pursuant to Section 138 of the Crown Lands Act 1989 accompanied by a copy of the relevant Government Gazette. The Request must then be submitted to SD31.
Where the boundaries of Old System land are not properly defined, Part IVB Real Property Act 1900 allows for conversion to a Limited folio of the Register. A Limited folio may be created and a notification is recorded in the Second Schedule of the folio of the Register:
- where the title is also Qualified:
'Limited Title. Limitation Pursuant To s28T(4) Of The Real Property Act 1900. The Boundaries Of The Land Comprised Herein Have Not Been Investigated By The Registrar General' or
- the title is not Qualified:
'Limited Title. Limitation Pursuant To s28T(1A) Of The Real Property Act 1900. The Boundaries Of The Land Comprised Herein Are Not Sufficiently Defined To Enable The Creation Of An Ordinary Folio Of The Register'.
The limitation has no effect on the registration of dealings and may be removed by lodgment of a plan of survey.
Note A folio may be both Limited and Qualified.
Staff processing information
Refer all dealings accompanied by a Statement of Particulars form to P4.