Procedures

Amendments

Amendments to folios of the Torrens Title Register or Real Property Act dealings may be requested by the public or by members of staff. The Registrar-General may, subject to section 12 (1) d of the Real Property Act 1900 and upon such evidence as appears to the Registrar-General sufficient, correct errors and omissions in the Register.

The majority of amendments are investigated by Quality Review Section, Document Registration Services , LPI.

Where it is considered that an amendment is required to a:

Unregistered dealing - the lodging party may uplift the dealing at the Client Services Counter, Customer Services, LPI.  The dealing must be relodged at the Client Services Counter within 3 months otherwise it will be rejected.  Any alterations must be verified by all parties to the dealing, and, if necessary, the alterations must be marked by Revenue NSW.

Registered dealing - an interested party may lodge a Request form together with the appropriate evidence to support the amendment and the consent of all parties to the dealing.

Certificate of title - the party holding the certificate of title may:

  • lodge a Receipt for Production of Documents form 30-0570 with details of the required amendment, the certificate of title, and any related documents, at the Client Services Counter.  No fee is payable or
  • attach a letter outlining the amendment action required to a dealing lodged for registration together with the certificate of title.  The usual lodgment fee is payable for the dealing, no fee is payable for the amendment.

Folio of the Register - an interested party may:

  • lodge a Receipt for Production of Documents form 30-0570 with details of the required amendment and any related documents at the Client Services Counter.  No fee is payable or
  • an interested party may forward to LPI a letter outlining the amendment action required.  No fee is payable or
  • attach a letter outlining the amendment action required to a dealing lodged for registration.  The usual lodgment fee is payable for the dealing, no fee is payable for the amendment.

Extra fees are not payable if the amendment required is due to action taken by LPI.  Extra fees and/or lodgment of further dealings may be required where the amendment required is due to action taken by the lodging party.

Staff processing information

Refer all amendment action to SQ99.

Annexures

Staff processing information - see Annexures page.

Correspondence and delivery

See Correspondence and delivery page.

Multiple entitlement

A multiple entitlement situation occurs where two or more parties are entitled to the delivery or the use for registration purposes of a certificate of title held by LPI.

On registration of a plan or dealing that creates a multiple entitlement situation , the CT is directed to delivery box 3S. 

The CT is not issued until the required letters of authority for delivery/use have been furnished from all other entitled parties.  The letter of authority must:

  • state the reference to title
  • authorise delivery/use and
  • state the name of the party to gain delivery.

Deliverable originals

As of 30/4/2015 only the following dealings will be returned to clients following scanning:

  • Mortgage
  • Mortgage of Lease, Mortgage or Charge 
  • Variation of Mortgage 
  • Postponement of Mortgage 
  • Lease 
  • Sublease 
  • Charge
  • Variation of Lease

Extension of time

The following applies to Torrens Title land and Water Access Licences.

The lodging party of a dealing may request an extension of time for the satisfaction of a requisition raised after lodgment.  The request must be:

  • in writing addressed to the Supervisor, Client Services Counter, and presented to a Client Services Officer, Customer Services, LPI or email to Client.Services.Enquiries@lpi.nsw.gov.au and
  • made prior to the expiration of the 3 months allowed for the original requisition.

Any extension given will be for a period of 1 month, and no further extension will be given unless exceptional circumstances exist.  Representations for a further extension of time must be made to the Team Leader, Document Registration Services, LPI, the Supervisor, Client Services Counter, the Senior Examining Officer, Folio Management Section, or to a Legal Officer as appropriate.

Fees

See Components of a dealing form - Fees page 

Lost documents

Staff processing information - see Lost documents page

Minute papers

Staff processing information - see Minute papers page

Notices of registration

28 Day Notice of Intended Registration

The following applies to Torrens Title land and Water Access Licences.

A 28 Day Notice of Intended Registration form 10-0180A is forwarded to the lodging party where clarification of the intention of a dealing that is otherwise in order for registration is required.  The manner in which it is intended to register the dealing (where possible the more obvious interpretation) is set out on the form.  The dealing will be registered after 28 days in the same manner as set out on the form if alternative or confirming advice is not received earlier.

Notice of Caveat

See Correspondence and delivery page

Notice of Registration

See Correspondence and delivery page

Orders of Court, injunctions, subpoenas

The following applies to Torrens Title land and Water Access Licences.

An Order of Court or injunction presented for lodgment must be annexed to a Request form.   The standard lodgment fee is payable.

The request must be forwarded by hand to the Senior Examining Officer for urgent referral to Legal Division.

Where a dealing lodged affects a folio of the Register with an Order of Court or injunction noted on it, the case must be referred to Legal through the Senior Examining Officer.

Subpoenas

A subpoena must be lodged with Legal Services. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [475.500].

Production of documents

See Production of documents page

Purchasers Index

See Purchasers Index page

Reinstatement of dealings

A request for re-instatement of a rejected dealing must be directed to the Team Leader, Document Registration Services, or the Supervisor, Customer Services, LPI.

Staff processing information

A request for re-instatement of a rejected Preparation of Lapsing Notice, form 08LX, must be referred directly to Legal Services.

Rejection of dealings

Staff processing information - see Rejection of dealings page

Requisitions

See Requisitions page

Substitution of dealings

The following applies to Torrens Title land and Water Access Licences.

A request for substitution of a dealing or caveat and the associated allowance of fees must be directed to the Team Leader, Document Registration Services, or the Supervisor, Customer Services, LPI.

Staff processing information

Attach a new barcode dealing number label to the new dealing or caveat.  The substitute dealing or caveat is connected to the case and forwarded for further action.  The priority of the substitute dealing or caveat begins with the substitution.

If available the original dealing or caveat is suitably noted and returned to the lodging party.

Following registration the minute papers are kept in the File Press for 3 months, then retained for 3 years

Unnecessary dealings

Staff processing information

The following applies to Torrens Title land and Water Access Licences.

Where a dealing lodged is for an action that has already been taken or is now superfluous, take the following action:

  • write "Unnecessary" across the face of the dealing
  • marginally note the reason for making the dealing unnecessary
  • record the dealing as unnecessary in ITS.  On a manual folio rule through the delayed number and write "Unnecessary" adjacent and
  • forward the dealing for mircrofilming in the usual manner.

Urgency

The following applies to Torrens Title land and Water Access Licences.

A request for urgency as regards registration of a dealing must be supported by a letter stating the reason for the request.  The request for urgency must be directed to the Team Leader, Personal Lodgment, Document Registration Services, LPI. 

Staff processing information

Where urgency is granted the case must be put into a red packet and taken by hand for immediate examination and registration.  All further action must be carried out without delay and the case must be forwarded by hand in every instance.

If a requisition is raised, the lodging party must be contacted by telephone and the Team Leader, Personal Registration Services, LPI, must be informed of the action taken.  The case must remain in the red packet and is placed in the File Press.

Withdrawal of dealings

The following applies to Torrens Title land and Water Access Licences.

A written request by the Lodging Party to withdraw an unregistered dealing must be directed to the Client Services Counter, Customer Services, LPI.  A registered dealing cannot be withdrawn.

Other dealings lodged with the withdrawn dealing will proceed to registration if in order.

Staff processing information

For withdrawal action refer the case to SD51.

The dealing is suitably marked and returned to the lodging party, unless previously uplifted and not relodged.  If the dealing is relodged refer to the Senior Examining Officer SD51 for noting as withdrawn and return to the lodging party.

Any queries as regards refund of fees must be directed to the Team Leader, Offline, Document Registration Services, LPI.