UPDATE 143 DECEMBER 2016 BAALMAN AND WELLS LAND TITLES OFFICE PRACTICE. Frank Ticehurst. Currently updated by Greg Stilianou

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1 UPDATE 143 DECEMBER 2016 BAALMAN AND WELLS LAND TITLES OFFICE PRACTICE Frank Ticehurst Currently updated by Greg Stilianou Material Code Print Post Approved PP255003/00332 Thomson Reuters (Professional) Australia Limited 2016 Looseleaf Support Service You can now access the current list of page numbers at: If you have any questions or comments, or to order missing pages, please contact Customer Care LTA ANZ on Fax:

2 NEW COMMENTARY Greg Stilianou has provided additional commentary to the newly introduced chapter Administration of the Real Property Act 1900, to address the significance of the Registrar-General s Section 12A Notice, see: Administration of the Real Property Act 1900 Registrar-General s power to give notice of proposed action [1.058] Notice under s 12A of the Real Property Act 1900; and [1.059] Case Note: Section 12A Notices Goodman Court Pty Ltd v Registrar-General of New South Wales. Greg Stilianou has provided new commentary to address the fact that Letters and Requisitions of the Registrar-General can equate to a Statement of Reasons capable of being reviewed by the Supreme Court of NSW, and due to this there is no need to formally request a statement of reasons from the Registrar-General before initiating a judicial review of a decision of the Registrar-General. See: Folios of the Register, Foreclosure of Mortgage, Instruments Refusal to register [ ] A person dissatisfied with a decision of the Registrar- General; and [ ] Judicial review of the Registrar-General s decision. Greg Stilianou has provided new commentary to clarify LPI s evidentiary requirements in a transmission application by executor followed by a sale, mortgage or lease transaction. See: Transfers, Transmission Applications, Writs Transmission applications [ ] Mortgage following transmission application by a fiduciary; and [ ] Lease following transmission application by a fiduciary. New commentary has been included to provide notes for completion of a precedent form used when the beneficiary of a deceased beneficiary applies to be recorded as the registered proprietor of land. See: Land Titles Office Practice NSW 2

3 Transmission applications: precedent completed forms [ ] Transmission application by the beneficiary of a deceased beneficiary: Notes for completion. UPDATED COMMENTARY Greg Stilianou has updated commentary to address the duty of the Registrar- General to register applications made under s 12(4) of the Trustee Act See: Administration of the Real Property Act 1900 Registration of trustees under the Real Property Act [10.200] Request by trustees under s 12, Trustee Act Greg Stilianou has updated commentary to address the statutory right of the Chief Commissioner of State Revenue to lodge a Caveat, which is not liable to stamp duty, cannot be lapsed and may only be removed by a withdrawal of caveat. See: Bankruptcy, Caveats, Certified Copies, Charges Private caveats [40.300] Caveatable interests Removal of private caveats [50.100] Lapsing under s 74I or 74JA of the Real Property Act; and [50.150] Lapsing under s 74J of the Real Property Act. Commentary has been updated to address the introduction of two new prescribed authorities into cl 49 of the Conveyancing (General) Regulation 2013, see: Deposited Plans, Easements, Life Estates and Remainders Easements in gross [ ] Authorities prescribed by regulation. Land Titles Office Practice NSW 3

4 Commentary has been updated to clarify LPI s evidentiary requirements in a transmission application by executor followed by a sale, mortgage or lease transaction. See: Evidence, Fees, Fiduciary Proprietors Executors and administrators [ ] Powers to sell, mortgage and lease. Greg Stilianou has updated commentary to address the fact that Letters and Requisitions of the Registrar-General can equate to a Statement of Reasons capable of being reviewed by the Supreme Court of NSW, and due to this there is no need to formally request a statement of reasons from the Registrar- General before initiating a judicial review of a decision of the Registrar-General. See: Folios of the Register, Foreclosure of Mortgage, Instruments Refusal to register [ ] Request to supply reasons for a decision. Primary Applications, Priority Notices, Production of Documents, Profits à Prendre Caveats [ ] Rejection of application. Commentary has been updated to address feedback received from lodging parties of leases by mortgagees in possession relating to clarity of LPI evidentiary requirements. See: Irrigation Areas, Leases, Limited Folios Leases [ ] Leases by mortgagees and charges in possession. Commentary has been updated to address a change in evidentiary requirements for by-laws, as consent of the owner in whose favour an exclusive use by-law is made is no longer required to be provided at lodgment, see: Strata Plans, Strata Title Dealings By-laws [ ] Completion of the change of by-law form. Land Titles Office Practice NSW 4

5 UPDATED FORMS AND PRECEDENTS The LPI precedent form Transmission Application by a Devisee, Beneficiary or Next-of-Kin has been inserted in the service, completed for the situation where the beneficiary of a deceased beneficiary applies to be recorded as the registered proprietor of land. See: Transfers, Transmission Applications, Writs Transmission applications: precedent completed forms [ ] Transmission application by the beneficiary of a deceased beneficiary: Form. Land Titles Office Practice NSW 5

6 Land Titles Office Practice NSW 6