Covenant charge

Form 13CVC (PDF 650 KB)

Dealing type - CG

Legislation - s88D, s88E, s88F(4)(a) Conveyancing Act 1919

Stamp duty - not required

Certificate of Title - not required

NOS form - not required

Standard form of Caveat - prevents registration.

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

Pursuant to s88F(4)(a) Conveyancing Act 1919, a prescribed authority having the benefit of a positive covenant created pursuant to s88D or s88E Conveyancing Act 1919, may register a covenant charge over the land to recover costs etc that have arisen from the non-compliance of the registered proprietor with the positive covenant. The covenant charge gives the prescribed authority the powers of a mortgagee, e.g. the power to sell the subject land if necessary.

See discharge of a covenant charge.

(A) The reference to title for the land burdened by the positive covenant must be stated.

A covenant charge cannot be recorded on the common property folio of a Strata scheme. The amount owing is apportioned among the lots in the scheme, and covenant charges are recorded on the relevant folios of the Register, see s32(4) Strata Schemes Development) Act  2015.

(B) The registered number of the positive covenant must be stated.

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

(E) The full name of the prescribed authority must be stated.

(F) The Court and date on which the judgment was obtained must be stated.

(G) An office copy of the judgment must be annexed to the dealing.

(H) The statutory declaration must be made by an authorised officer of the prescribed authority. The full name of the authorised officer and the nature of the authority must be stated. The statutory declaration must be signed by the authorised officer 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.

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [65.600].

Staff processing information

If in order proceed with registration.

Registration procedure

TRANSACTION    ON

PRIME CODE    CVC

DETAILS    [name of prescribed authority].