All notifications shown on the Register must be considered when searching or dealing with a folio of the Torrens Title Register. Where possible, notifications that no longer effect the folio will be removed with the registration of a dealing, e.g. expired leases or repealed legislation etc.
Forms of notification
The following guidelines are used for entering notifications on a title:
- shares are shown with a common denominator where practical
- where a registered proprietor holds the whole of an estate or interest in different capacities and it is intended to show that registered proprietor separately for each share held, a written request must accompany the dealing indicating why the duplication is necessary, the dealing and request will be forwarded to Legal Division for consideration (reference is not made to the different capacities). Alternatively the names will be merged and shown once only.
When dealing with ownership that has been duplicated on the land title, a letter is required stating which part of that ownership is being dealt with. If no letter is received a requisition must be sent.
In both instances the written documentation must be filed as evidence.
- trade names are not shown
- trusts and superannuation funds are not shown unless they are a registered company etc or a religious body
- titles, honorifics, awards and qualifications are not shown
- 'minor','junior' or 'senior' is added in brackets after the name if shown on the dealing.
Notifications not appearing on the Certificate of Title
An asterisk - * - appearing next to any notification code in the Second Schedule of a computer folio of the Register indicates that the notification does not appear on the certificate of title. If the notification would normally appear on the certificate of title it is automatically carried forward upon the issue of the next edition of the title.
Removal of notifications
On registration of any dealing the following notifications will be removed from the Second Schedule of the folio of the Torrens Title Register. Note The notification codes and wording used for computer folios may vary):
AA Application. The Registered Proprietor Holds Subject To s20 Public Hospitals Act 1929.
AA Notice Of Proposed Acquisition Pursuant To Section 11 Land Acquisition (Just Terms Compensation) Act 1991 ... only when the resumption is registered.
AA notification in regard to restrictions on dealings on a completed purchase
AA notification in regard to restrictions on dealings on an Incomplete Purchase where no other crown notifications remain. Refer to SD31
AA notification referring to the dedication of the land to or for use by the Church of England or the United Church of England and Ireland. Note Reference to the Crown Grant will remain.
AA notification pursuant to s55 Bankruptcy Act 1887.
AA notification in regard to quit rent or dower.
AA notification in regard to provision for defeasance - Hopewell Estate, Paddington.
AA Profit a Prendre ... only where the term, if stated, has expired.
AA Profit a Prendre. Right To Take Timber And Products Until ... only where the term has expired.
AA reference to s38 Western Lands Act 1901.
AA The Land Above Described Is Charged With The Payment To The Rural Bank Of NSW Of Water Levies Pursuant To The Irrigation Act 1912.
BA Attention Is Directed To s8 Land Aggregation Tax Management Act 1971.
BD Title Is Held Subject To s604 Local Government Act 1919.
GB Right To Take Timber And Products (clause 5 Schedule 1 Forestry Act 2012) Until ...only where the term has expired.
L Lease To ... only where the lease has expired, the time for any options has lapsed, and 12 months has lapsed since the expiry date.
PM Postponement Of Mortgage. Priority Now ... only if all of the affected mortgages are discharged or priority ceases due to the discharge etc of an affected mortgage.
QG Qualified Title. Caution Pursuant To s28J Real Property Act 1900. Entered... only where 12 years has lapsed from the entry date.
QT Caution Pursuant To s28J Real Property Act 1900. Qualified Title Subject To Any Subsisting Interest As Defined In s28A. Initially Issued ... only where 12 years has lapsed from the entry date.
QV Qualified Title. Caution Pursuant To s28J(1) And s28J(1A) Real Property Act 1900. Entered ...only where 12 years has lapsed from the date of registration of a first Real Property Act transfer for value.
RX Registrar Generals Caveat only where entered in conjunction with a transmission application by an executor or administrator.
RX D500000A Registrar General's Caveat ... (s6 Closer Settlement (Amendment) Act 1907).
RX K200000D Registrar General's Caveat ... (drainage reserves).
RX K200000P Registrar General's Caveat ... (public reserves). Note A notification (code KP): The Land Within Described Is Public Reserve, will be entered to replace it.
RX K200000R Registrar Generals Caveat ... (temporary public road). Note A notification (code KQ): The Land Within Described Is Temporary Road, will be entered to replace it.
RX K400000 Registrar General's Caveat ... (s6 Closer Settlement (Amendment) Act 1907).
TH Forestry Right (Coal Sequestration) only where the term, if stated, has expired.
TH Forestry Right (Timber) only where the term, if stated, has expired.
UA Sub-lease To ... only where the sub-lease has expired, the time for any options has lapsed, and 12 months has lapsed since the expiry date.
W Writ ... only where 24 months has lapsed since the date of issue (i.e. 12 months from the date of expiry of the writ).
SET S730000A ...
SET S730000B ...
SET S730000C ...
SET S730000E ...
SET S730000G ...
SET S730000H ...
SET S730000J ... only from Incomplete Purchases.
SET S730000K ...
SET S730000L ... only from Incomplete Purchases.
SET S730000M ...
Testator's Family Maintenance and Guardianship of Infants Act 1916
Where a notification in regard to the Testator's Family Maintenance and Guardianship of Infants Act 1916 appears on the Register:
- a dealing may be registered if it is made subject to the notification or
- if the dealing is not made subject to the notification or a new folio is to issue, the case will be referred to the Supervisor, Search Section SCH1. If the search proves negative the notification may be removed.
Vesting of airport land in the Commonwealth
A Record New Registered Proprietor form 04RP pursuant to s16 Airports (Transitional) Act 1996 and s46C Real Property Act 1900 may be lodged to record the vesting of airport land owned by the Federal Airports Corporation in the Commonwealth of Australia.
A notification code 'AIRP' is entered in the Second Schedule:
'Attention is directed to the provisions of the Airports (Transitional) Act 1996 and the Airports Act 1996'.
The notification has no affect on the lodgment of dealings.
Staff processing information
Order of Court, Injunction
Where an Order of Court or injunction is recorded on the Register refer the case to Legal.
Partly cancelled folio of the Register
A dealing affecting a partly cancelled folio of the Torrens Title Register must be referred to SM99.
Section 27E(6) Main Roads Act 1924
A transfer of land to the Roads and Maritime Services affecting a folio of the Register with a notification pursuant to s27E(6) Main Roads Act 1924 must be referred to SM99 if the folio also has a plan of acquisition or Government Gazette notice noted on it. Otherwise the transfer and any other dealing may be registered if in order.
Where a notification (code KQ): 'The Land Within Described Is Temporary Road' appears on the Register, refer all dealings to SM99.