Priority Notice (electronic)

A Priority Notice (PN) is a form of protection of priority of registration for proposed dealings intended to be lodged. PNs are provided for in Part 7B of the Real Property Act 1900. A person who intends to lodge a dealing to give effect to an entitlement to a legal or equitable estate or interest in land claimed by the person may lodge a priority notice. Once a PN is lodged it remains effective until it is withdrawn or until it lapses by expiry or on registration, withdrawal or rejection of the dealings to which the PN relates.

Only one PN is required for each series of documents in a case.

A PN can be lodged for the following dealings:

  • Discharge of Mortgage
  • Transfer
  • Mortgage
  • Lease
  • Notice of Death
  • Transmission Application
  • Application to Record a New Registered Proprietor
  • Change of Name
  • Charge
  • Discharge of Charge
  • Mortgage of Charge
  • Mortgage of Lease
  • Request
  • Sub-Lease
  • Transfer by mortgagee under Power of Sale
  • Transfer of Charge
  • Transfer of Lease
  • Transfer of Mortgage

A person lodging the PN cannot lodge another PN for the same proposed dealing(s) unless the recorded PN is withdrawn or has expired. See s74T(3) Real Property Act 1900.

A caveat noted on the Register will not prevent recording.

A PN does not require a CoRD Holder Consent or the Certificate of Title.

A PN lodged through an ELNO (PEXA) is automatically recorded. 

A PN is effective for 60 days from the date of its lodgment and will prevent registration of dealings or plans not listed in the PN with the exceptions of certain dealings. See Priority Notice noted on the Register. The dealings not the subject of the PN will remain lodged and unregistered until the PN no longer has effect.

A PN will cease to have effect on the registration of the dealings that are subject of the PN, or 60 days after lodgment of the PN or 90 days if the PN has been extended.

For information to assist with completing a PN in PEXA, see PEXA guidance notes Complete a Priority Notice.

Note. There is no provision for amendment or correction of details in a recorded PN.

Details in the PN cannot be altered. If the information relating to a transaction needs to be changed then the PN must be withdrawn and a new PN lodged.

Extension of Priority Notice (electronic)

The person who has lodged the PN may apply to have the PN extended for a single additional 30 days giving a total of 90 days from the date of its lodgement.

The PN must be current at the time of lodgment.

The extension must be over all listed titles in the PN.

For information to assist with completing a EPN in PEXA, see PEXA guidance notes Complete an Extension of Priority Notice.

Withdrawal of Priority Notice (electronic)

A Withdrawal of Priority Notice instrument may be lodged by the PN subscriber (or their solicitor or licenced conveyancer) to remove a PN from the land title.

An electronic Withdrawal of Priority Notice can only be lodged where it affects all of the land titles listed in the PN.

If less then all of the listed Land Titles are affected, then the PN should be withdrawn and a new PN lodged for the remaining titles.

Note: Priority of the protected dealings will be lost on withdrawal and any other dealings which were held up by the PN will proceed to registration.

An electronic Withdrawal of Priority Notice does not require a CoRD Holder Consent or the Certificate of Title.

For information to assist with completing a Withdrawal of Priority Notice in PEXA, see PEXA guidance notes for Complete a Withdrawal of Priority Notice.

Staff Processing Information

When a PN has been withdrawn before expiry the priority of the listed dealings ceased to have effect and any dealings waiting in the queue may proceed if in order.

Priority Notice noted on the Register

A PN is effective for 60 days from the date of its lodgment and will prevent registration of dealings or plans not listed on the PN except for the following (see Effect of PN s74W(2) Real Property Act 1900):

(a)dealing in registrable form that was lodged before the notice,

(b) the dealing or dealings to which the notice relates,

(c) a caveat or the withdrawal or lapsing of a caveat,

(d) a vesting or dealing effected in accordance with an order of a court or a provision of a law of this State or the Commonwealth,

(e) an application made under section 93 by an executor, administrator or trustee in respect of the estate or interest of a deceased registered proprietor,(Transmission Application)

(f) an application under section 12 of the Trustee Act 1925 or an order of a court or dealing which, in the opinion of the Registrar-General, effects or evidences a replacement of existing trustees or the appointment of new or additional trustees,

(g) an application under section 101,(Notice of Death)

(h) in relation to a mortgage, charge or covenant charge recorded or lodged in registrable form before the lodgment of the notice—a dealing effected by the mortgagee, chargee or covenant chargee in the exercise of a power of sale or other power or a right conferred by the mortgage, charge or covenant charge or by or under law, (i.e Discharge of Mortgage or Transfer Under Power of Sale)

(i) in relation to a lease recorded or lodged in registrable form before the lodgment of the notice—a dealing effected by the lessee pursuant to a right conferred by the lease or by or under law


Staff processing information 

Where the dealing or dealings to which the notice relates are lodged, examining officers must examine the details listed in the PN carefully because all data must match.

If in order and:

  • If there are more dealings in the case than in the PN then register and remove PN. i.e Documents listed in the PN are Discharge of Mortgage and Transfer and dealings lodged are Discharge of Mortgage, Transfer and Mortgage.
  • If there are less dealings in the case than in the PN then send letter/requisition. i.e Documents listed in the PN are Discharge of Mortgage, Transfer and Mortgage and dealings lodged are Discharge and Transfer.

Any discrepancy between the details as set out on the PN and the lodged dealings must be referred to the Senior Examining Officer.

Note

Send Notice to the lodging party.

  • If the details in the dealings don’t match with the PN (s74W(3)(b) Real Property Act 1900 or
  • where a PN is recorded on the Register and prevents registration of an incoming dealing.
Where a dealing is held up by a PN and a Caveat is lodged, submit the case to DRD2 for determination of priority between the Caveat and the unregistered dealing.
Where competing PNs are recorded by different parties protecting interest in the same land title, priority will be determined by the lodgement order of the PNs.

Removal of PN:

  • The person who lodged the PN may withdraw it. See Withdrawal of PN
  • The PN will be removed from the title after it expires or where the proposed dealings in the PN are registered or withdrawn or rejected.
  • s74X(2) Real Property Act 1900 gives the power to the Registrar General to remove any PN that ceased to have effect or does not relates to the land specified or the dealing or dealings to which the notice relates are unlikely to be lodged or recorded in the Register before the notice ceases to have effect, or the person who lodged the notice has not provided the evidence required under s74T(5)
  • s74Y Real Property Act 1900. An application to the Supreme Court may be made by a person claiming an estate or interest in the land described in the PN for an order to the person who lodged it to withdraw the PN.

Consent to dealing or plan by person who lodged the PN

S74W(1) Real Property Act 1900 - While a priority notice has effect with respect to a proposed dealing to give effect to an entitlement to an estate or interest in land, the Registrar-General must not, without the consent of the person who lodged the notice, register:

(a)  any dealing on the folio of the Register for the land, or
(b)  any plan (including a plan to which section 88B of the Conveyancing Act 1919 applies) relating to the land.

The person who lodged the PN may consent to the registration of a dealing or plan which is prohibited by the PN.

The consent must be in writing, signed dated and addressed to Land Property Information, NSW.

The consent must be absolute without any qualification and the details clearly stated as to:

  • The reference to title.
  • The dealing number of the PN
  • The full name of the person who lodged the PN
  • Reference to the dealing type or plan and dealing or plan number being consented to if available.
  • The name of the parties to the consenting instrument(s)
The consent will be filmed with the affected instrument(s).