Request form 11R (PDF 150 KB)
Dealing type - R
Legislation - s12(1)(i) Real Property Act 1900
(A) Stamp duty - not required.
NOS form - not required
Standard form of Caveat - prevents registration.
Priority Notice noted on the Register - see Priority Notice page.
Where, as a result of the registration of a dealing, the proprietor of the estate and of a registered interest is one and the same person, the interest is not automatically removed. A Request form 11R to remove the registered interest must be lodged.
See Transfer resulting in a merger page.
Where the lease, mortgage or charge has been carried forward as a subsisting interest, i.e. 'Bk ... No. ... Lease etc To ...', see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [335.700].
(B) The reference to title for the land affected by the request must be stated.
(C) The registered number of the interest affected by the request must be stated. The reference to title for the land affected by the request must be stated.
(E) The applicant must be the registered proprietor of the estate and of the interest being merged. The registered proprietor must hold the estates and/or interests outright or in the same fiduciary capacity.
The full name of the registered proprietor must be stated and be identical to the name as shown on the Torrens Title Register.
(F) A short description of the nature of the request must be stated.
(G) Full details of the request must be stated.
The registered number of the lease, mortgage or charge being merged must be stated.
The consent of any person with a registered interest in the lease, mortgage or charge being merged is required.
(H) The dealing must be executed by the registered proprietor and be witnessed, or be executed on the registered proprietor's behalf as follows:
| |
Attorney and witnessed |
Solicitor or Barrister |
Authorised Officer and witnessed |
Licensed Conveyancer |
| Registered Proprietor |
 |
|
|
|
See execution requirements for companies, witnesses etc.
(I) Not to be completed (see NOS form above).
See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [335.100, .700].
Note Subleases or mortgages affecting a head lease that is the subject of a merger will be recorded as head leases or mortgages. Sub-mortgages affecting a mortgage that is the subject of a merger will be recorded as mortgages.
Staff processing information
Where a Crown land tenure lease or Crown land Real Property Act lease comes under the same ownership there is no automatic merger of the estates. A request by Land NSW to merge must be lodged in the usual manner. Refer to SD31. (SD6: a direction must be given by Land NSW as regards a current sub-lease. A requisition must be raised if no direction is given.)
If in order proceed with registration except for the following.
Refer to SD2
A merger of lease for recording of affecting sub-leases as head leases.
Refer to SQ99
A merger of:
- mortgage for recording of affecting sub-mortgages as mortgages
- lease for recording of affecting mortgages of the lease as mortgages.
Refer to Legal through the Senior Examining Officer
Where a lease, mortgage or charge has been carried forward as a subsisting interest, i.e. Bk ... No. ... Lease etc to ....
Registration procedure
TRANSACTION OFF
PRIME CODE code of lease, mortgage or charge being merged as shown on the Register
PRIME NO. number of lease etc.