Registered proprietors and affected parties
Any deposited plan which on registration will become a current plan or any plan that bears a statement of intention to:
- dedicate land as public road
- create public reserve or drainage reserve, and/or
- create an easement or restriction on the use of land
must be signed (under seal if necessary) in the panel provided on the administration sheet, by the registered proprietor(s) and every mortgagee, chargee or covenant chargee under a mortgage, charge or covenant charge recorded in the title relating to the plan [see s.195D(1) Conveyancing Act 1919]. Where the council is the registered proprietor of the land comprised in the plan, the council must execute the Administration sheet either under their seal or by the signature of a delegated officer ie the General Manager or by means of a Power of Attorney - see s.377(1)(h) Local Government Act 1993.
Where the current registered proprietors are members of a trust (set up by the Crown or other agency) the plan must be signed by the trustees.
Consent in writing to the registration of the plan must be furnished by any lessee, judgment creditor under any writ, caveator (where the caveat prevents registration of any plan) or any other person claiming an interest in the land - see s.195D(2) Conveyancing Act 1919.
A plan creating an easement and/or restriction must be signed by all parties affecting the servient tenement whether within or outside the boundaries of the subdivision. Further, if the terms of the easement and/or restriction place a specific burden on the dominant tenement (eg maintenance, contribution to costs etc) the parties affected by that dominant tenement must also consent to the Section 88B Instrument.
Where a mortgagee is in possession of the land in the plan, the signature of the registered proprietor may be dispensed with provided a statutory declaration is furnished declaring that the mortgagor is in default and the mortgagee is in possession. The plan and instrument should be signed by either the mortgagee, or their delegate. A certified copy of the Deed of Appointment of the delegate should be lodged with the plan.
A deposited plan affecting Crown Torrens Title must be signed by a delegate of the Minister as well as bearing a completed certificate in the Crown Lands Office approval panel on the Administration Sheet of the plan. The following statement should be included (leaving sufficient space for the delegate to sign):
'By delegation pursuant to s.180 Crown Lands Act 1989 and with authority under s.13L Real Property Act 1900 from the Minister Administering the Crown Lands Act 1989 on behalf of the State of New South Wales.'
A Crown First Title plan need not be signed as the accompanying documentation must be signed by the delegate of the Minister.
Deposited plans lodged on behalf of the Commonwealth of Australia, subdividing or consolidating lands held in the name of the authority concerned, do not require signatures. However, if the plan bears councils approval and contains a statement to create road, public reserve, or easement or is accompanied by a section 88B instrument, the plan and instrument must be signed by an authorised officer of the authority.
Note A plan bearing a subdivision certificate issued by an Accredited Certifier, that includes new roads, laneways and / or public or drainage reserves must also be signed (or bear evidence of acceptance) by an officer of the local council.
Change of name
Where an inconsistency exists between the name of a person or corporation who has signed / sealed the Administration sheet and that endorsed on the title, it will be necessary to produce a completed Change of Name form 10CN (PDF 111 KB) setting out the circumstances of the alteration. Evidence supporting the change will be required - see Dealing requirements Change of name and the prescribed lodgment fees.