Instrument of severance

Form 21CIS (PDF 150 KB)

Dealing type -  R

Legislation - s15 Community Land Development Act 1989

Stamp duty - not required

Certificate of Title - required for the Association property, i.e. lot 1 in the Community or Precinct scheme, and the lot being severed.

NOS form - not required

Standard form of Caveat - prevents registration.

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

Only a lot in a Community or Precinct scheme may be severed from the scheme.

The consent of any lessee, mortgagee, chargee or covenant chargee is required for a lot being severed.

A replacement plan sheet for the altered unit entitlement after severance of the lot must be attached to the dealing. An extra fee is payable for the plan sheet.

See Community Title Schemes.

(A) The reference to title for the lot being severed must be stated.  Only whole lots can be converted or severed.

(C) The full name of the registered proprietor of the affected lot must be stated and be identical to the name as shown on the Register; or where severance is pursuant to an Order of the Supreme Court, the full name of the successful applicant for the Order must be stated.

(D) The type and Deposited plan number of the Community or Precinct scheme must be stated.

(E) The clause that does not apply must be deleted and verified. The date of the Order of Court must be stated, if applicable. An office copy of the Order of Court must be annexed to the dealing.

(F) The dealing must be executed by the applicant and be witnessed, or be executed on the applicants behalf as follows:

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Applicant Tick Cross Tick Cross

See execution requirements for companies, witnesses etc.

(G) The details of the sheet containing the new schedule of unit entitlements must be stated.

The date of the affixing of the common seal of the Community or Precinct Association must be stated. The full name of the person witnessing the affixing of the common seal must be stated. The person attesting may be:

  • the proprietor where only one proprietor constitutes the Association
  • both proprietors where two proprietors constitute the Association
  • two proprietors or members of the Executive Committee determined by the Association where there are more than two proprietors;the secretary and any other member of the Executive Committee where no determination has been made and there are more than two proprietors or
  • a managing agent engaged by the Association.

(H) The full name of the Local Council must be stated.

(I) This clause may be deleted if appropriate.

An authorised officer of the Local Council must sign the certificate. The full name and capacity of the authorised officer must be stated.

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [68.255].

Staff processing information

Refer to Legal (mark to LEG99)

Registration procedure

Proceed with registration as directed.

Lot being severed

TRANSACTION    OFF

PRIME CODE    as directed by ND Section

AFFECTED NUMBER    leave field blank if no number is shown.

Association property title

ADD. TRANSACTION    ON

PRIME CODE    as directed by ND Section

DETAILS    (as directed by ND Section).

DELIVERY DETAILS    as required.