Possessory Application

NOTE: All Statutory Declarations and evidence that are lodged in support of land dealings will be treated as publicly accessible and will be disclosed to persons upon request.

Form 04YA (PDF 300 KB)

Dealing type - YA

Legislation - s45D Real Property Act 1900

Stamp duty -  required.

Certificate of Title - required if available

NOS form - required.  Panels 1, 2, 3B and 5 require completion.

Standard form of Caveat - prevents registration.

Priority Notice noted on the Register - see Priority Notice page.

The standard lodgment fee is payable on lodgment. Additional fees may be assessed and will be payable before the title issues.

(A) The reference to title for the affected land must be stated. The application must be in respect of a whole parcel, ie the whole or residue of the land comprised in a folio of the Register or the whole or residue of a lot or portion in a current plan.

(C) The full name of the current registered proprietor must be stated and must be identical to the name shown on the Register.

An application cannot be made for Crown land or land held by a statutory authority or a Local Council, see s45D(3) Real Property Act 1900.

(D) The full name of the applicant must be stated.

(E) Tenancy/shares must be stated where there is more than one applicant.

(F) If a lesser estate is involved reference to 'fee simple' must be deleted and the appropriate estate must be inserted and verified.

(G) Any registered lease, mortgage or charge that is to be cancelled and not carried forward on the title must be stated. Evidence must be furnished to show that these interests have been extinguished.

(H) The following evidence is normally required:

  • a statutory declaration by the applicant
  • a statutory declaration by a corroborating witness
  • a letter from the Local Council re payment of rates for the limitation period and
  • a survey certificate re the definition of the affected land.

(I) The statutory declaration must be made by the applicant, the applicant's attorney or an authorised officer (the nature of the authority must be disclosed) and must be witnessed by a prescribed functionary. Where the declaration has been made outside NSW reference to the Oaths Act 1900 must be deleted, the relevant Act must be inserted and the alteration verified.

The information mentioned in Items I.1 and I.2 in the statutory declaration must be set out in Schedules One and Two in the application.

(J) This section is to be completed where the notice of sale data (see NOS form above) has been forwarded to LPI through the eNOS facility.

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [397.100ff.]; ss45B-G (Part 6A: Possessory Titles To Land Under The Act) Real Property Act 1900.

Staff processing information

All evidence lodged must be filmed with the application. Note  If the evidence required is not furnished with the application, accept the dealing for lodgment.

Refer to SM1

A possessory application affecting a manual folio of the Register. A copy of the folio must be attached to the case before referral to Legal through the Senior Examining Officer.

Refer to Legal through the Senior Examining Officer

A possessory application affecting a computer folio of the Register.

Registration procedure

Proceed with registration as directed.

CODE (name) P, C or Q  [name of applicant]

TENANCY S, J2 etc, T etc