Amendments
Amendments to folios of the Torrens Title Register or Real Property Act dealings may be requested by the public or by members of staff. The Registrar-General may, subject to section 12 (1) d of the Real Property Act 1900 and upon such evidence as appears to the Registrar-General sufficient, correct errors and omissions in the Register.
The majority of amendments are investigated by Quality Review Section, Document Registration Services , NSW LRS.
Where it is considered that an amendment is required to a:
Unregistered dealing - the lodging party may uplift the dealing at the Client Services Counter, Customer Services, NSW LRS. The dealing must be relodged at the Client Services Counter within 3 months otherwise it will be rejected. Any alterations must be verified by all parties to the dealing, and, if necessary, the alterations must be marked by Revenue NSW.
Registered dealing - an interested party may lodge a Request form together with the appropriate evidence to support the amendment and the consent of all parties to the dealing.
Folio of the Register - an interested party may:
- lodge a Receipt for Production of Documents form 30-0570 with details of the required amendment and any related documents at the Client Services Counter. No fee is payable or
- an interested party may forward to NSW LRS a letter outlining the amendment action required. No fee is payable or
- attach a letter outlining the amendment action required to a dealing lodged for registration. The usual lodgment fee is payable for the dealing, no fee is payable for the amendment.
Extra fees are not payable if the amendment required is due to action taken by NSW LRS. Extra fees and/or lodgment of further dealings may be required where the amendment required is due to action taken by the lodging party.
Staff processing information
Refer all amendment action to SQ99.
Annexures
Staff processing information - see Annexures page.
Correspondence and delivery
See Correspondence and delivery page.
Deliverable originals
As of 30/4/2015 only the following dealings will be returned to clients following scanning:
- Mortgage
- Mortgage of Lease, Mortgage or Charge
- Variation of Mortgage
- Postponement of Mortgage
- Lease
- Sublease
- Charge
- Variation of Lease
Extension of time
The following applies to Torrens Title land and Water Access Licences.
The lodging party of a dealing may request an extension of time for the satisfaction of a requisition raised after lodgment. The request must be:
- in writing addressed to the Supervisor, Client Services Counter, and presented to a Client Services Officer, Customer Services, NSW LRS or via the NSW LRS Contact Us form and
- made prior to the expiration of the 3 months allowed for the original requisition.
Any extension given will be for a period of 1 month, and no further extension will be given unless exceptional circumstances exist. Representations for a further extension of time must be made to the Team Leader, Document Registration Services, NSW LRS, the Supervisor, Client Services Counter, the Senior Examining Officer, Folio Management Section, or to a Legal Officer as appropriate.
Fees
See Components of a dealing form - Fees page
Lost documents
Staff processing information - see Lost documents page
Minute papers
Staff processing information - see Minute papers page
Notices of registration
28 Day Notice of Intended Registration
The following applies to Torrens Title land and Water Access Licences.
A 28 Day Notice of Intended Registration form 10-0180A is forwarded to the lodging party where clarification of the intention of a dealing that is otherwise in order for registration is required. The manner in which it is intended to register the dealing (where possible the more obvious interpretation) is set out on the form. The dealing will be registered after 28 days in the same manner as set out on the form if alternative or confirming advice is not received earlier.
Notice of Caveat
See Correspondence and delivery page
Notice of Registration
See Correspondence and delivery page
Orders of Court, injunctions, subpoenas
The following applies to Torrens Title land and Water Access Licences.
An Order of Court or injunction presented for lodgment must be annexed to a Request form. The standard lodgment fee is payable.
The request must be forwarded by hand to the Senior Examining Officer for urgent referral to Legal Division.
Where a dealing lodged affects a folio of the Register with an Order of Court or injunction noted on it, the case must be referred to Legal through the Senior Examining Officer.
Subpoenas
A subpoena must be served at the Cashiers, NSW Land Registry Service. The standard lodgement fee is payable by the party serving the subponea. The Subpoena together with the payment receipt are then referred to LDR. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [475.500].
Production of documents
See Production of documents page
Purchasers Index
See Purchasers Index page
Reinstatement of dealings
A request for re-instatement of a rejected dealing must be directed to the Team Leader, Document Registration Services, or the Supervisor, Customer Services, NSW LRS.
Staff processing information
A request for re-instatement of a rejected Preparation of Lapsing Notice, form 08LX, must be referred directly to Legal Services.
Rejection of dealings
Staff processing information - see Rejection of dealings page
Requisitions
See Requisitions page
Substitution of dealings
The following applies to Torrens Title land and Water Access Licences.
A request for substitution of a dealing or caveat and the associated allowance of fees must be directed to the Team Leader, Document Registration Services, or the Supervisor, Customer Services, NSW LRS.
Staff processing information
Attach a new barcode dealing number label to the new dealing or caveat. The substitute dealing or caveat is connected to the case and forwarded for further action. The priority of the substitute dealing or caveat begins with the substitution.
If available the original dealing or caveat is suitably noted and returned to the lodging party.
Following registration the minute papers are kept in the File Press for 3 months, then retained for 3 years
Unnecessary dealings
Staff processing information
The following applies to Torrens Title land and Water Access Licences.
Where a dealing lodged is for an action that has already been taken or is now superfluous, take the following action:
- write "Unnecessary" across the face of the dealing
- marginally note the reason for making the dealing unnecessary
- record the dealing as unnecessary in ITS. On a manual folio rule through the delayed number and write "Unnecessary" adjacent and
- forward the dealing for mircrofilming in the usual manner.
Urgency
The following applies to Torrens Title land and Water Access Licences.
A request for urgency as regards registration of a dealing must be supported by a letter stating the reason for the request. The request for urgency must be directed to the Team Leader, Personal Lodgment, Document Registration Services, NSW LRS.
Staff processing information
Where urgency is granted the case must be put into a red packet and taken by hand for immediate examination and registration. All further action must be carried out without delay and the case must be forwarded by hand in every instance.
If a requisition is raised, the lodging party must be contacted by telephone and the Team Leader, Personal Registration Services, NSW LRS, must be informed of the action taken. The case must remain in the red packet and is placed in the File Press.
Withdrawal of dealings
The following applies to Torrens Title land and Water Access Licences.
A written request by the Lodging Party to withdraw an unregistered dealing must be directed to the Client Services Counter, Customer Services, NSW LRS. A registered dealing cannot be withdrawn.
Other dealings lodged with the withdrawn dealing will proceed to registration if in order.
Staff processing information
For withdrawal action refer the case to SD51.
The dealing is suitably marked and returned to the lodging party, unless previously uplifted and not relodged. If the dealing is relodged refer to the Senior Examining Officer SD51 for noting as withdrawn and return to the lodging party.
Any queries as regards refund of fees must be directed to the Team Leader, Offline, Document Registration Services, NSW LRS.