New South Wales act

Real Property Act 1900

In ForceNSW

Jurisdiction

New South Wales

Act Number

25 of 1900

Collection

act

Plain English Summary

8/10 complexity

This Act modernises and centralises land title registration in NSW: it creates a single Register (paper or electronic), introduces new folio types including “limited” folios, mandates electronic lodgment for many transactions, and vests broad rule‑making and fee‑setting powers in the Registrar‑General. It affects landowners, purchasers, mortgagees, conveyancers and authorised operators by changing how interests are recorded and enforced, shifting compliance and technology costs onto professional lodgers, and concentrating administrative and pricing discretion in the Registrar‑General.

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What it does

The Real Property Act 1900 (NSW) (the Act) establishes and governs the Torrens title system in New South Wales. At its core, it requires the Registrar-General to maintain "the Register" (s 31B), comprising folios that record the current proprietor of an estate or interest in land together with encumbrances, easements, covenants, and other noted interests (s 32). Once land is brought under the Act—either by primary application (Part 4), conversion of Crown land (Part 3), or creation of qualified/limited folios (Parts 4A and 4B)—the folio constitutes conclusive evidence of title (s 40), subject only to the exceptions in s 42 (fraud, omitted easements, possessory interests, short leases, and misdescriptions).

The Act prescribes the mechanics of all dealings. A transfer, mortgage, lease, or easement must be executed in the approved form and lodged for registration (ss 36, 46, 53, 56). Upon registration, the dealing takes effect as a deed (s 36(11)) and, for a transfer, passes the estate or interest free of unregistered interests except those protected by s 42 (s 41). Mortgages and charges do not pass title but confer power of sale on default (ss 57–60). Caveats (Part 7A) and priority notices (Part 7B) provide provisional protection: a caveat prohibits registration of inconsistent dealings while in force (s 74H), lapsing in defined circumstances (ss 74C, 74I, 74J, 74M). The Act also regulates possessory title (Part 6A), the conversion of old-system land (ss 14, 28B–28E), and the recording of native title determinations (s 12C).

Administrative machinery is extensive. The Registrar-General may correct errors (s 12(1)(d)), issue notices (s 12A), require production of documents (s 12(1)(a)), and make recordings on his or her own motion in defined cases (e.g. ss 12B, 12C, 13H, 31A). Electronic lodgment is facilitated by the , with conveyancing rules (s 12E) and lodgment rules (s 12F) prescribing identity verification, client authorisations, and certification standards. The Torrens Assurance Fund (s 134) indemnifies persons who suffer loss from registration errors, fraud, or certain omissions, subject to the exclusions in s 129(2).

Current sections

Direct links to the current provisions in Real Property Act 1900.

338

Part 1A

Preliminary

Part 1A Preliminary

pt 1A, hdg: Ins 1979 No 164, Sch 1 (1).

Name of Act

1 Name of Act

This Act may be cited as the Real Property Act 1900.

s 1: Am 1932 No 65, sec 4 (1) (e); 1937 No 35, Second Sch; 1967 No 9, sec 2 (a); 1970 No 23, sec 2 (a); 1976 No 96, Schs 1 (1) (2), 12 (1); 1979 No 26, Sch 1 (1); 1979 No 164, Sch 1 (2); 1980 No 193, Sch 1 (1); 1981 No 59, Sch 1 (1); 1984 No 25, Sch 2 (1). Subst 1986 No 167, Sch 2 (1).

Repeal of Acts

2 Repeal of Acts

(1) The Acts mentioned in Schedule 1, to the extent therein expressed, are hereby repealed, and all lands, estates, and interests which at the commencement of this Act are subject to the provisions of the Acts so repealed shall be subject to the provisions of this Act.

(2) All rules, forms, and orders made under the provisions of any Act hereby repealed and in force at the commencement of this Act shall be deemed to have been made under the corresponding provisions of this Act.

(3) All applications duly made, registrations duly effected, proceedings duly commenced or had, and acts or things duly done under the Acts hereby repealed shall be deemed to have been duly made, effected, commenced, had, or done respectively under the corresponding provisions of this Act, but at the date on which the same were in fact made, effected, commenced, had, or done.

(4) All laws, statutes, Acts, ordinances, rules, regulations, and practice whatsoever relating to freehold and other interests in land operative on the first day of January one thousand eight hundred and sixty-three are, so far as inconsistent with the provisions of this Act, hereby repealed so far as regards their application to land under the provisions of this Act, or the bringing of land under the operation of this Act.

(5), (6) (Repealed)

s 2: Am 1970 No 23, sec 2 (b); 1980 No 193, Sch 1 (2).

Definitions

3 Definitions

(1) In the construction and for the purposes of this Act, and in all instruments purporting to be made or executed thereunder (if not inconsistent with the context and subject matter)—

(a) the following terms shall bear the respective meanings set against them—

Approved form—Form approved by the Registrar-General for the purposes of any provision of this or any other Act in relation to which the expression is used (see section 104), including an electronic data file containing such a form.

approved way—see section 3D.

Authorised representative—A law practice or licensed conveyancer (or firm of licensed conveyancers) authorised under a client authorisation to represent a party to a conveyancing transaction in connection with the execution or lodgment of documents that give effect to that transaction.

Caveator—The person by whom or on whose behalf a caveat has been lodged under the provisions of this Act, or any enactment hereby repealed.

Charge—Any charge on land created for the purpose of securing the payment of an annuity, rent-charge or sum of money other than a debt.

Chargee—The proprietor of a charge.

Charger—The proprietor of land or of an estate or interest in land that is subject to a charge.

Client authorisation—A client authorisation as defined by section 107.

Computer folio—A folio of the Register that is not a manual folio.

Computer folio certificate means a certificate containing—

(a) the information recorded in a specified folio of the Register, on the date and at the time stated in the certificate, and

(b) information held by the Registrar-General, on the date and at the time stated in the certificate, about the following—

(i) a plan or dealing, whether registered or awaiting registration, the registration of which requires or will require a change to be made in the information recorded in the specified folio,

(ii) a caveat or priority notice that purports to affect land comprised in the specified folio if information about the caveat or priority notice is not recorded in the folio.

Consular officer—Consul-general, consul, and vice-consul, and any person for the time being discharging the duties of consul-general, consul, or vice-consul.

Conveyancing rules—The rules determined by the Registrar-General under section 12E.

Conveyancing transaction—A conveyancing transaction within the meaning of the Electronic Conveyancing National Law (NSW) to which this Act applies.

Covenant charge—Any charge on land created under section 88F of the Conveyancing Act 1919 for securing the payment of money.

Covenant chargee—The proprietor of a covenant charge.

Covenant charger—The proprietor of land or of any estate or interest in land subject to a covenant charge.

Dealing—Any instrument other than a grant, caveat or priority notice, including an electronic form of that instrument, being an instrument—

(a) that is registrable or capable of being made registrable under the provisions of this Act, or

(b) in respect of which any recording in the Register is by this or any other Act or any Act of the Commonwealth required or permitted to be made.

Note.

The Electronic Conveyancing National Law (NSW) facilitates the electronic lodgment of registry instruments. Dealings are a type of registry instrument.

Department—The Department of Customer Service.

Deputy Registrar-General—A member of staff of the Department who has been designated under section 4B to be a Deputy Registrar-General.

Digitally sign—Has the same meaning as in the Electronic Conveyancing National Law (NSW).

Easement in gross—An easement without a dominant tenement created pursuant to the provisions of section 88A or 88B of the Conveyancing Act 1919 or acquired by the Commonwealth in exercise of authority conferred by any Act of the Parliament of the Commonwealth.

Electronic Lodgment Network—An Electronic Lodgment Network under the Electronic Conveyancing National Law (NSW).

Firm of licensed conveyancers—A firm of licensees within the meaning of the Conveyancers Licensing Act 2003.

Fraud—Fraud includes fraud involving a fictitious person.

Grant—Any Crown grant of land.

Instrument—Any grant, conveyance, assurance, deed, map, plan, will, probate, or exemplification of will, or any other document in writing or in electronic form relating to the disposition, devolution or acquisition of land or evidencing title to land.

Land—Land, messuages, tenements, and hereditaments corporeal and incorporeal of every kind and description or any estate or interest therein, together with all paths, passages, ways, watercourses, liberties, privileges, easements, plantations, gardens, mines, minerals, quarries, and all trees and timber thereon or thereunder lying or being unless any such are specially excepted.

Law practice—A law practice within the meaning of the Legal Profession Uniform Law (NSW).

Licensed conveyancer means the holder of a licence in force under the Conveyancers Licensing Act 2003.

Limited folio—A folio of the Register that includes a recording under section 28T (4) that has not been cancelled.

Lodge—Includes lodge electronically—

(a) in accordance with this Act or the Electronic Conveyancing National Law (NSW), or

(b) in a way approved by the Registrar-General.

Lodgment rules—Rules made by the Registrar-General under section 12F.

Manual folio—A folio of the Register maintained by the Registrar-General wholly in the form of a document in writing.

Mortgage—Any charge on land (other than a covenant charge) created merely for securing the payment of a debt.

Mortgagor—The proprietor of land or of any estate or interest in land pledged as security for the payment of a debt.

Mortgagee—The proprietor of a mortgage.

Ordinary folio—A folio of the Register that is neither a limited folio nor a qualified folio.

Plan of survey—A formal land survey plan within the meaning of the Surveying and Spatial Information Act 2002.

Possessory applicant—Person who makes a possessory application.

Possessory application—Application under section 45D.

Primary applicant—Person who makes a primary application.

Primary application—Application to bring under the provisions of this Act land that is not subject to those provisions.

Priority notice—A priority notice under Part 7B.

Proprietor—Any person seised or possessed of any freehold or other estate or interest in land at law or in equity in possession in futurity or expectancy.

Qualified folio—A folio of the Register in which is recorded a caution under section 28J that has not been cancelled.

Registrar-General—The person employed in the Public Service as the Registrar-General.

Regulations—The regulations made under this Act.

Sign—Includes digitally sign in accordance with the Electronic Conveyancing National Law (NSW).

The Register—The Register required to be maintained by section 31B (1).

Torrens Assurance Fund—The Torrens Assurance Fund established under section 134.

Transfer—The passing of any estate or interest in land under this Act whether for valuable consideration or otherwise.

Transmission—The acquirement of title to or interest in land consequent on the death, will, intestacy or bankruptcy of a proprietor.

Uplift—The removal of a dealing or other document that has been lodged for registration or recording from its priority position so that it can be corrected or amended without withdrawing the dealing or document.

Writ—A writ for the levy of property within the meaning of Part 8 of the Civil Procedure Act 2005, including any such writ issued pursuant to an Act of the Commonwealth.

Note.

See, for example, section 77M of the Judiciary Act 1903 of the Commonwealth and other similar provisions of Commonwealth legislation.

(b) The description of any person as a proprietor, transferor, transferee, mortgagor, mortgagee, charger, chargee, lessor, or lessee, or as seised of having or taking any estate or interest in any land shall be deemed to include the executors, administrators, and assigns of such person.

(c) (Repealed)

(d) A reference to recording includes a reference to amending, cancelling or deleting.

(e) A reference to a caveator includes a reference to any person who claims through or under the caveator and also includes a reference to any person other than the caveator who, by virtue of section 74M (1), is authorised to withdraw the caveat which was lodged by the caveator.

(f) A reference to an office copy of an order, judgment or injunction made, given or granted by a court is a reference to a copy of that order, judgment or injunction certified as such an office copy by the proper officer of the court.

(g) A reference to a dealing, caveat, priority notice, instrument or other document that is in paper form being duly executed or witnessed includes a reference to it being certified or otherwise authenticated in accordance with the conveyancing rules.

Note.

See also sections 107 (4) and 108 with respect to the effect of the signing of documents under the authority or purported authority of client authorisations.

Note.

The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) A reference in this or any other Act to a recording in a folio of the Register includes a reference to a recording in the Register with respect to that folio.

(2A) Words and expressions used in this Act that are defined in the Land and Property Information NSW (Authorised Transaction) Act 2016 have the same meanings as in that Act, except in so far as they are defined differently in this Act or the context or subject-matter otherwise indicates or requires.

(3) Notes in the text of this Act do not form part of this Act.

s 3: Am 1970 No 23, sec 2 (c); 1972 No 17, sec 23 (a); 1976 No 96, Sch 1 (3) (4); 1979 No 26, Sch 1 (2); 1979 No 164, Sch 1 (3); 1984 No 25, Schs 1 (1), 2 (2), 3 (1); 1986 No 71, Sch 1 (1); 1986 No 167, Sch 2 (2); 1992 No 55, Sch 2; 1992 No 96, Sch 1 (1); 1993 No 108, Sch 2; 1997 No 95, Sch 1 [1]; 2000 No 28, Sch 1 [1]–[3]; 2002 No 83, Sch 2.17 [1]; 2003 No 3, Sch 2.9; 2005 No 28, Sch 5.40 [1]; 2009 No 119, Sch 2.23; 2010 No 46, Sch 10.1 [1]; 2010 No 59, Sch 2.81 [1]; 2011 No 7, Sch 1 [1]; 2014 No 7, Sch 1 [1]–[3]; 2015 No 23, Sch 1.1 [1], 1.2 [1], 1.4, 1.5 [1] [2], 1.7 [1]; 2016 No 46, Sch 4.4 [1]–[3]; 2018 No 75, Sch 2 [1]; 2021 No 10, Schs 1.1[1]–[5], 1.2[1]; 2025 No 48, Sch 3.8; 2025 No 50, Sch 4[1] [2].

Application of Act to electronic form plans and other documents

3A Application of Act to electronic form plans and other documents

(1) This section applies to—

(a) plans lodged for the purposes of this Act, and

(b) other documents required, under this Act or another Act, to be lodged with the plans.

(2) A reference in this Act—

(a) to a plan or another document includes a reference to an electronic data file containing a plan or another document in an electronic form, and

(b) to the lodging of a plan or another document includes a reference to the electronic lodging of a plan or another document in an electronic form approved by the Registrar-General, and

(c) to a sheet of a plan or another document that is in electronic form, is a reference to a sheet on which the whole or part of the plan or other document would be reproduced if the plan or other document were converted to hard copy form without re-pagination.

(3) If a plan is lodged electronically, all documents required to be lodged with the plan must also be lodged electronically in a form approved by the Registrar-General, unless excepted by—

(a) regulations under this Act or another Act, or

(b) the Registrar-General.

(4) Any signature, seal, certificate, consent or other approval required to authenticate, or to authorise the registration or recording of, a plan proposed to be lodged in electronic form is to be endorsed on an approved form for signatures. When the plan is lodged, that form must also be lodged electronically in an electronic form approved by the Registrar-General.

(5) This Act applies to and in respect of plans and other documents lodged in electronic form in the same way as it applies to other plans and documents, subject to any modifications prescribed by this Act or the Conveyancing Act 1919 or the regulations under either of those Acts.

s 3A: Ins 2002 No 2, Sch 2.1 [1]. Am 2021 No 10, Sch 1.1[6] [7]; 2025 No 50, Sch 4[3] [4].

Prescribed fees

3B Prescribed fees

(1) The regulations may prescribe the following—

(a) functions under this Act, the regulations or another law for which a fee may be charged and the amount of the fee,

(b) the fees to be paid for the exercise of titling and registry functions.

(2) This section operates in addition to a provision of this Act or another law that allows for the prescribing of a fee.

s 3B: Ins 2004 No 91, Sch 1.29. Am 2016 No 46, Sch 4.4 [4]. Subst 2025 No 50, Sch 4[5].

Payment of fees

3C Payment of fees

(1) A prescribed fee must be paid before the relevant function is exercised unless otherwise agreed between the person exercising the function and the person responsible for paying the fee.

(2) If a titling and registry function is exercised by an authorised operator, the prescribed fee for the function is the maximum fee that may be charged.

(3) To avoid doubt, the acceptance by an authorised operator of a fee less than the prescribed fee does not operate to reduce the amount required to be paid from the fee into the Torrens Assurance Fund.

s 3C: Ins 2025 No 50, Sch 4[5].

Giving of notice in approved way

3D Giving of notice in approved way

If a provision of this Act or the regulations provides for the Registrar-General to give notice of a matter in the approved way, notice may be given in the way provided for in the Conveyancing Act 1919, section 170 (the approved way).

s 3D: Ins 2025 No 50, Sch 4[5].

Part 1

Administration

Part 1 Administration

pt 1, hdg: Am 1979 No 164, Sch 2 (1).

Administration of Act

4 Administration of Act

The Registrar-General is authorised to execute the provisions of this Act.

s 4: Subst 1979 No 164, Sch 2 (2); 2016 No 46, Sch 4.4 [5].

Registrar-General—delegation and seal of office

4A Registrar-General—delegation and seal of office

(1) The Registrar-General may delegate any of the powers and functions of the Registrar-General under this or any other Act, other than this power of delegation, to a Deputy Registrar-General or member of staff of the Department.

(2) The Registrar-General is to have a seal of office that bears an impression of the Arms of the State of New South Wales and has inscribed in the margin the words “Registrar-General, New South Wales”.

(3) An instrument or document issued by the Registrar-General or a Deputy Registrar-General, acting or purporting to act under the authority of any Act, is not invalid only because of—

(a) any irregularity in the manner or time of affixing, impressing or printing the seal of the Registrar-General to or on the instrument or document, or

(b) a failure to affix, impress or print the seal of the Registrar-General to or on the instrument or document.

(4) All courts and persons acting judicially—

(a) are required to take judicial notice of the seal of the Registrar-General, and

(b) must, until the contrary is proved, presume that the seal was properly affixed.

(5) The seal of the Registrar-General may be affixed by electronic or mechanical means.

s 4A: Ins 2010 No 17, Sch 1.3. Am 2010 No 119, Sch 2.36; 2015 No 23, Sch 1.7 [2]; 2016 No 46, Sch 4.4 [6].

Deputy Registrars-General

4B Deputy Registrars-General

(1) The Registrar-General may, by instrument in writing, designate one or more members of staff of the Department to be Deputy Registrars-General.

(2) If more than one Deputy Registrar-General is designated, the Registrar-General may, in the instrument designating a person to be a Deputy Registrar-General or by a subsequent instrument in writing, designate one of the Deputy Registrars-General to be the Senior Deputy Registrar-General.

(3) A Deputy Registrar-General has such powers and functions as may be—

(a) assigned to the Deputy Registrar-General by the Registrar-General, and

(b) conferred or imposed on the Deputy Registrar-General by or under this or any other Act.

(4) A Deputy Registrar-General is to exercise his or her powers and functions (including delegated powers and functions of the Registrar-General) in accordance with any directions given by the Registrar-General.

(5) If there is no Registrar-General or the Registrar-General is absent from his or her duties—

(a) in the case where there is only one Deputy Registrar-General—the Deputy Registrar-General may act as the Registrar-General, or

(b) in the case where there is more than one Deputy Registrar-General—the Senior Deputy Registrar-General may act as the Registrar-General.

(6) A Deputy Registrar-General acting as the Registrar-General under subsection (5) has the same powers and functions as the Registrar-General and anything done by the Deputy Registrar-General in the exercise of those powers and functions has same effect as if it had been done by the Registrar-General.

s 4B: Ins 2015 No 23, Sch 1.7 [3].

5

5–10 (Repealed)

Part 2

General powers of Registrar-General

Part 2 General powers of Registrar-General

Minister’s directions

11 Minister’s directions

(1) The Minister may give directions to the Registrar-General requiring the implementation by the Registrar-General of policies or requirements of general application that the Minister is satisfied are necessary or desirable in the public interest to protect the integrity of the Register.

(2) The Registrar-General is required to give effect to any direction of the Minister under this section.

s 11: Rep 1929 No 3, sec 1 (2) (a). Ins 2016 No 46, Sch 4.4 [8].

Powers of Registrar-General

12 Powers of Registrar-General

(1) The Registrar-General may exercise the following powers, that is to say—

(a) The Registrar-General may require any person who may have possession or control of an instrument relating to land the subject of a dealing, or relating to the title to any such land, to produce that instrument, and the Registrar-General may retain any such instrument, whether produced pursuant to this paragraph or otherwise, until it is no longer required for action in connection with a dealing lodged with the Registrar-General.

(b) The Registrar-General may summon any person referred to in paragraph (a) or any person who to the Registrar-General appears to be interested in any land, title to land, or instrument affecting land, the subject of a dealing to appear and give an explanation respecting that land, title, or instrument.

(c) The Registrar-General may administer oaths or may take a statutory declaration in lieu of administering an oath.

(d) The Registrar-General may, subject to this section and upon such evidence as appears to the Registrar-General sufficient, correct errors and omissions in the Register.

(d1) The Registrar-General may, subject to subsection (3A), on such evidence and after such notices (if any) as appear to the Registrar-General to be sufficient, and with the consent of the proprietors and any mortgagees of the land, correct the Register by correcting a reference to one or more lot numbers in a plan. The Registrar-General may make the correction on the application of a proprietor or mortgagee or on the Registrar-General’s own initiative.

(e) The Registrar-General may record in the Register a caveat on behalf of any person under any legal disability or on behalf of Her Majesty to prohibit the transfer or dealing with any land belonging or supposed to belong to any such person as hereinbefore mentioned, and also to prohibit the dealing with any land in any case in which it appears to the Registrar-General that an error has been made by misdescription of such land or otherwise in any folio of the Register or instrument, or for the prevention of any fraud or improper dealing.

Editorial note.

See Trustee Act 1925, sec 11.

(f) For the protection of any person interested in land under the provisions of this Act the Registrar-General may record in the Register a caveat, or may otherwise record the interest of that person in the Register in such manner as appears to the Registrar-General to be appropriate.

(g) The Registrar-General may, on such evidence as appears to the Registrar-General sufficient, record in the Register any change in the name of a registered proprietor, whether the change is consequent upon the marriage of the proprietor or otherwise.

(h) The Registrar-General may at the Registrar-General’s discretion, and notwithstanding anything in this Act, dispense with any advertisement or the supply to the Registrar-General of any information or the production to the Registrar-General of any instrument.

(h1) The Registrar-General may give notice of the intended exercise or performance of a power, authority, duty or function conferred or imposed by this Act as follows—

(i) in the approved way,

(ii) by advertisement,

(iii) by directing another person to give notice in a way and form approved by the Registrar-General.

(i) The Registrar-General may, where the Registrar-General is satisfied that an estate or interest has been extinguished by merger, make such recording in the Register as the Registrar-General considers appropriate.

(1A) (Repealed)

(2) Where a person required to produce an instrument pursuant to paragraph (a) of subsection (1) fails to produce the instrument or to allow it to be inspected or, being summoned pursuant to paragraph (b) of that subsection, refuses or neglects to give an explanation which the person is, pursuant to that paragraph, required to give, or knowingly misleads or deceives any person authorised to demand any such explanation, the person shall for each such offence incur a penalty not exceeding 2 penalty units, and the Registrar-General, if the instrument or information withheld appears to the Registrar-General material, may reject the relevant dealing referred to in that subsection.

(3) Where the Registrar-General, in the exercise of the powers conferred upon the Registrar-General by subsection (1) (d), makes a correction in the Register—

(a) the Registrar-General shall, by an appropriate recording in the Register, authenticate the correction and record the date thereof, and

(b) to the extent that, but for this paragraph, the correction would prejudice or affect a right accrued from a recording made in the Register before the correction, the correction shall be deemed to have no force or effect, and

(c) subject to paragraph (b), the Register shall, as so corrected, have the same validity and effect as it would have had if the error or omission had not occurred, and

(d) the Registrar-General shall, while any right preserved by paragraph (b) is subsisting, maintain available for search a record of the date, nature and effect of the correction, and

(e) the Registrar-General must keep a record of every correction.

(3A) If the Registrar-General makes a correction referred to in subsection (1) (d1)—

(a) the correction—

(i) must not make original words or symbols illegible, and

(ii) must be dated, and

(iii) must be initialled by the Registrar-General, and

(b) the correction takes effect as if the error corrected had not occurred, and

(c) the correction does not affect the construction of any instrument made or entered into before the correction so as to prejudice any person claiming under that instrument, and

(d) the Registrar-General must keep a record of every correction.

(4) Where the Registrar-General exercises the powers conferred upon the Registrar-General by subsection (1) (f) otherwise than by entering the Registrar-General’s caveat, the interest recorded shall be deemed to be an interest within the meaning of section 42 but otherwise shall have no greater operation or effect than it would have had if not so recorded.

(5) Upon the recording, pursuant to subsection (1) (i), of the extinction of an estate or interest by merger, that estate or interest shall be deemed to have been extinguished accordingly.

(6) The powers of the Registrar-General under this section may be exercised with respect to electronic lodgments in conjunction with powers granted under the Electronic Conveyancing National Law (NSW).

(7) A power to correct errors and omissions conferred by subsection (1) includes a power to correct errors and omissions resulting from a malfunction of—

(a) an Electronic Lodgment Network or electronic system in which information is communicated between the Electronic Lodgment Network and the Registrar-General, or

(b) any other system, approved by the Registrar-General, that enables the lodgment of dealings, caveats, priority notices and other documents in electronic form.

s 12: Am 1938 No 30, sec 8 (1) (a); 1956 No 12, sec 2 (a); 1967 No 9, sec 2 (b); 1970 No 23, sec 4 (a); 1976 No 96, Sch 3; 1979 No 26, Sch 1 (3); 1979 No 164, Sch 3 (1); 1984 No 25, Schs 1 (2), 2 (3); 1992 No 112, Sch 1; 1996 No 87, Sch 1 [1]–[3]; 1999 No 58, Sch 1 [1] [2]; 2014 No 7, Sch 1 [4]–[7]; 2021 No 10, Sch 1.2[2]; 2025 No 50, Sch 4[6] [7].

12A

Power of Registrar-General to serve notice of proposed action

12A Power of Registrar-General to serve notice of proposed action

(1) The Registrar-General may, before taking any action that alters the Register, give notice of the proposed action to any person that the Registrar-General considers should be notified of it.

(2) Where the Registrar-General has given notice pursuant to the powers conferred upon the Registrar-General by subsection (1), the Registrar-General may refuse to take the action until after the expiration of a period specified in the notice and the Registrar-General may proceed to take the action at or after the expiration of the period so specified unless the Registrar-General is first served with, or with written notice of, an order of the Supreme Court restraining the Registrar-General from so doing.

(3) Where a person given notice under subsection (1) does not within the time limited by the notice serve upon the Registrar-General or give the Registrar-General written notice of an order made by the Supreme Court restraining the Registrar-General from taking the action, no action by that person or by any person claiming through or under that person shall lie against the Registrar-General in respect of the taking of the action specified in the notice.

(4) No action shall lie against the Registrar-General for failure to give a notice under subsection (1).

s 12A: Ins 1970 No 23, sec 4 (b). Am 1979 No 164, Sch 3 (2); 1996 No 87, Sch 1 [4]–[8].

12AA

Notice to produce electronic form plans and other documents

12AA Notice to produce electronic form plans and other documents

(1) As soon as is practicable after a written demand of the Registrar-General requiring its production is served on a person who has lodged a plan or other document in electronic form for the purposes of this Act, the person is required to produce to the Registrar-General—

(a) an electronically formatted version or a hard copy version of the plan, as directed by the Registrar-General, or the original hard copy version of the other document, in each case as it was when the plan or other document was lodged electronically, and

(b) in the case of a plan, the approved form for signatures on which the signatures, seals, certificates, consents or other approvals required to authenticate, or to authorise the registration or recording of, the plan were endorsed.

(2) This section applies only to a written demand served—

(a) in the case of a plan or other document lodged for the purpose of its being registered or recorded, while the plan or other document is so lodged, or

(b) in the case of a plan or other document that has been lodged otherwise than for the purpose of its being registered or recorded, before the period prescribed by the regulations (or any shorter period agreed to by the Registrar-General) has expired after the plan or other document was lodged, or

(c) in the case of a plan or other document that has been registered or recorded, before the period prescribed by the regulations (or any shorter period agreed to by the Registrar-General) has expired after the plan or other document has been registered or recorded.

s 12AA: Ins 2002 No 2, Sch 2.1 [2].

12B

Mortgagee or mortgagor may be recorded as registered proprietor

12B Mortgagee or mortgagor may be recorded as registered proprietor

(1) Where it appears to the Registrar-General that the legal estate in land is vested in a mortgagee and the Registrar-General creates under any provision of this Act, other than section 17 (2), a folio of the Register for the land, the Registrar-General may record the mortgagee or the mortgagor in the folio as registered proprietor of the land.

(2) Where, pursuant to subsection (1) or section 17 (2), the Registrar-General records a mortgagee as registered proprietor in a folio of the Register for any land, the Registrar-General shall record in the folio the Registrar-General’s caveat forbidding the recording in the Register of any dealing relating to that land by the mortgagee other than a dealing giving effect to an exercise of the mortgagee’s powers as mortgagee.

s 12B: Ins 1979 No 164, Sch 3 (3).

12C

Recording of native title in Register

12C Recording of native title in Register

(1) The Registrar-General may, on evidence that appears to the Registrar-General sufficient, record in the Register approved determinations of native title made under the law of this State or of the Commonwealth and any other matters relating to native title rights and interests that the Registrar-General considers appropriate.

(2) The information referred to in subsection (1) may be recorded in a manner and form that the Registrar-General considers appropriate.

(3) In this section, approved determination of native title, native title and native title rights and interests have the same meanings as they have in the Native Title Act 1993 of the Commonwealth.

s 12C: Ins 1996 No 87, Sch 1 [9]. Am 2015 No 58, Sch 2.25.

12D

Registrar-General’s Guidelines

12D Registrar-General’s Guidelines

(1) The Registrar-General may publish such information as the Registrar-General considers appropriate for the guidance or assistance of persons in connection with the operation of this Act or any other Act under which the Registrar-General exercises titling and registry functions, including (without limitation) information concerning—

(a) the completion of forms, and

(b) the preparation and lodgment of dealings, plans and other documents for registration or recording, and

(c) the practices and procedures of the Registrar-General in the exercise of titling and registry functions.

(2) Information published under this section may be published as the Registrar-General’s Guidelines.

s 12D: Ins 2009 No 17, Sch 1 [1]. Am 2014 No 7, Sch 1 [8]. Subst 2016 No 46, Sch 4.4 [9].

12E

Conveyancing rules

12E Conveyancing rules

(1) Making of conveyancing rules The Registrar-General may from time to time determine, in writing, rules for or with respect to the preparation and lodgment of documents to give effect to conveyancing transactions (the conveyancing rules), including rules for or with respect to the following—

(a) the verification of identity and authority, including—

(i) the standards to which identity and authority are to be verified, and

(ii) the classes of persons in respect of whom identity and authority are to be verified, and

(iii) the classes of documents in relation to which verification of identity and authority requirements apply, and

(iv) the classes of persons who can undertake verification of identity and authority, and

(v) any supporting evidence and retention requirements,

(b) client authorisations, including—

(i) the form of a client authorisation, and

(ii) the classes of documents to which a client authorisation applies, and

(iii) any supporting evidence and retention requirements,

(c) matters to be certified, or relating to the certification of matters, for the purposes of documents, including—

(i) the form of certifications, and

(ii) the classes of persons who may certify those matters, and

(iii) any supporting evidence and retention requirements,

(d) the retention of documents supporting or authenticating documents generally, including periods of retention,

(e) the classes of conveyancing transactions that must be lodged electronically,

(f) the obligations of persons lodging documents (including warranties and representations),

(g) the execution and attestation of documents that give effect to conveyancing transactions (including providing for certification, authentication or other alternatives to execution or attestation to prove or establish such transactions),

(g1) the way that consent may be given to the registration of caveats, dealings and documents,

(h) any other matter that by this Act or the regulations is required or permitted to be dealt with by the conveyancing rules.

(1A) The conveyancing rules may provide for specific matters to be determined by the Registrar-General.

(1B) The Registrar-General may accept the lodgment of a document that does not comply with the conveyancing rules if the Registrar-General is satisfied that lodgment of the document is appropriate in the circumstances.

(2) Publication of conveyancing rules The Registrar-General must ensure that the following are publicly available—

(a) the current conveyancing rules,

(b) all superseded versions of the conveyancing rules.

(3) The conveyancing rules, and any changes to them, must be made publicly available at least 20 business days before the conveyancing rules or, as the case requires, the changes take effect.

(4) However, changes to the conveyancing rules may take effect within a shorter period (including immediately on being made publicly available), if the Registrar-General is satisfied that the changes need to take effect urgently because an emergency situation exists.

(5) For the purposes of subsection (4), an emergency situation exists if the Registrar-General considers that, because of the occurrence of an event or the existence of particular circumstances, the operation, security, integrity or stability of an Electronic Lodgment Network or the Register or the land titles system is being, or is likely to be, jeopardised.

(6) Documents may be made publicly available in accordance with this section in any manner the Registrar-General considers appropriate, including (without limitation) by means of a website.

(7) It is sufficient compliance with subsection (2) (b) if a superseded version of the conveyancing rules (other than the most recently superseded version) is publicly available only on request made to the Registrar-General.

(8) Compliance with conveyancing rules A person lodging a document giving effect to a conveyancing transaction must comply with the conveyancing rules.

(9) The Registrar-General—

(a) may refuse to accept or register, or may reject, a conveyancing transaction that does not comply with the requirements of the conveyancing rules relating to the transaction, and

(b) if the Registrar-General is satisfied that a person has contravened the conveyancing rules—may do either or both of the following—

(i) suspend any right or other entitlement of the person to lodge documents giving effect to conveyancing transactions, for a period not exceeding 21 days, for a particular contravention,

(ii) impose such conditions on any right or other entitlement of the person to lodge documents giving effect to conveyancing transactions as the Registrar-General considers appropriate so as to prevent further contraventions.

(10) The Registrar-General may waive compliance with all or any provisions of the conveyancing rules if the Registrar-General is satisfied that granting the waiver is reasonable in all the circumstances.

(11) A waiver under subsection (10) may—

(a) be total or partial, and

(b) apply generally to all persons or conveyancing transactions, or be limited in its application to particular persons or conveyancing transactions or particular classes of persons or conveyancing transactions, and

(c) apply generally or be limited in its application by reference to specified exceptions or factors, and

(d) apply indefinitely or for a specified period, and

(e) be unconditional or subject to conditions or restrictions.

(12) Effect on other legislative provisions Nothing in this section limits any other power conferred on the Registrar-General by another provision of this Part or any other Act.

s 12E: Ins 2015 No 23, Sch 1.1 [2]. Am 2016 No 46, Sch 4.4 [10] [11]; 2021 No 10, Sch 1.2[3] [4]; 2025 No 50, Sch 4[8].

12F

Lodgment rules

12F Lodgment rules

(1) The Registrar-General may make rules (lodgment rules), not inconsistent with a relevant Act or the regulations under a relevant Act, for or with respect to any of the following—

(a) the lodgment of documents under or for the purposes of a relevant Act, including requirements as to the preparation, form and content of documents and the procedures to be followed in connection with the lodgment of documents,

(b) the procedure for the making of any application in connection with the provision of titling and registry services,

(c) business operating hours for the purposes of the provision of titling and registry services,

(d) any other matter that is required or permitted to be the subject of lodgment rules by a provision of a relevant Act or the regulations under a relevant Act.

Note.

Requirements of the lodgment rules are requirements made under this Act. Section 39 of this Act provides for the rejection of documents that do not comply with such a requirement. Section 195B of the Conveyancing Act 1919 makes similar provision.

(1A) The lodgment rules may provide for specific matters to be determined by the Registrar-General.

(1B) The Registrar-General may accept the lodgment of a dealing, caveat, priority notice or other instrument that does not comply with the lodgment rules if the Registrar-General is satisfied lodgment of the matter is appropriate in the circumstances.

(2) The lodgment rules cannot make provision for or with respect to matters for or with respect to which conveyancing rules may be determined.

(3) A lodgment rule must be published in the Gazette and commences on the day or days specified in the lodgment rule. Commencement is to be no earlier than 20 business days after the day on which the lodgment rule is published in the Gazette unless the Minister approves of an earlier commencement in a particular case (but no earlier than the date of publication of the lodgment rule in the Gazette).

(4) A lodgment rule may also be published on a website maintained by the Registrar-General or in such other manner as the Registrar-General considers appropriate.

(5) The power to make lodgment rules includes the power to amend or repeal the rules.

(6) In this section—

document includes dealing, plan, application, caveat and memorandum.

relevant Act means this Act or any other Act under which titling and registry functions are exercised.

s 12F: Ins 2016 No 46, Sch 4.4 [12]. Am 2025 No 50, Sch 4[9].

Part 3

Crown lands and lands acquired from the Crown to be subject to the Act

Part 3 Crown lands and lands acquired from the Crown to be subject to the Act

pt 3: Subst 1980 No 193, Sch 1 (3).

Application of this Part

13 Application of this Part

(1) For the purposes only of this Part, perpetual lease from the Crown includes a homestead selection under the Crown Lands Acts.

(2) This Part applies to land—

(a) sold, leased, dedicated, reserved or otherwise disposed of or dealt with,

(b) in the course of being sold, leased, dedicated, reserved or otherwise disposed of or dealt with, or

(c) capable of being sold, leased, dedicated, reserved or otherwise disposed of or dealt with,

by or on behalf of the Crown under the Crown Land Acts (as defined in the Crown Land Management Act 2016) or under any of the Acts specified in Schedule 2, being land in respect of which a grant has not issued and which, unless the context otherwise indicates or requires, is not under the provisions of this Act.

s 13: Am 1970 No 23, sec 5; 1976 No 96, Sch 4 (1); 1978 No 100, sec 2; 1979 No 164, Sch 4. Subst 1980 No 193, Sch 1 (3). Am 1989 No 9, Sch 1; 2017 No 17, Sch 4.82 [1].

13A

Bringing of purchases etc of Crown land under Act

13A Bringing of purchases etc of Crown land under Act

(1) Where a person has an estate in fee simple in land to which this Part applies (not being a homestead selection under the Crown Lands Acts), the Registrar-General may, by creating a folio of the Register in the name of the person who, in the opinion of the Registrar-General, is entitled to be the registered proprietor of the land, bring the land under the provisions of this Act.

(2) The Registrar-General shall, in accordance with subsection (1), bring land referred to in that subsection under the provisions of this Act if the Registrar-General is satisfied that—

(a) the purchase money (if any) and all other money payable to the Crown in respect of the land have been paid, and

(b) where the land was sold or otherwise disposed of subject to conditions, those conditions have been performed or complied with, as the case may be.

(3) For the purposes of subsection (2) (b), the conditions subject to which the land referred to in that paragraph was sold or otherwise disposed of shall be deemed to have been performed or complied with, as the case may be, if—

(a) where the land is not within an irrigation area, the Minister authorised to sell or otherwise dispose of the land on behalf of the Crown (or a person authorised by the Minister for the purposes of this subsection), or

(b) where the land is within an irrigation area, the Water Administration Ministerial Corporation,

has advised the Registrar-General that the Minister (or the person authorised by the Minister) or the Corporation is satisfied that those conditions have been sufficiently performed or complied with, as the case may be.

s 13A: Ins 1980 No 193, Sch 1 (3). Am 1986 No 205, Sch 2; 1989 No 9, Sch 1.

13B

Bringing of perpetual leases of Crown land under Act

13B Bringing of perpetual leases of Crown land under Act

(1) Where land to which this Part applies is held under perpetual lease from the Crown, the Registrar-General may, by creating a folio of the Register in the name of the person who, in the opinion of the Registrar-General, is entitled to be the registered proprietor of the perpetual lease from the Crown, bring the land under the provisions of this Act.

(2) The Registrar-General shall, in accordance with subsection (1), bring under the provisions of this Act land referred to in that subsection which—

(a) is not part of a lease the other part of which is held for a specified term, and

(b) is not the subject of a Western lands lease within the meaning of Schedule 3 to the Crown Land Management Act 2016,

if the Registrar-General is satisfied that—

(c) all money due to the Crown in respect of the land has been paid, and

(d) where the land was leased subject to conditions, those conditions have been performed or complied with, as the case may be.

(3) For the purposes of subsection (2) (d), the conditions subject to which the land referred to in that paragraph was leased shall be deemed to have been performed or complied with, as the case may be, if—

(a) where the land is not within an irrigation area, the Minister authorised to lease the land on behalf of the Crown (or a person authorised by the Minister for the purposes of this subsection), or

(b) where the land is within an irrigation area, the Water Administration Ministerial Corporation,

has advised the Registrar-General that the Minister (or the person authorised by the Minister) or the Corporation is satisfied that those conditions have been sufficiently performed or complied with, as the case may be.

s 13B: Ins 1980 No 193, Sch 1 (3). Am 1986 No 205, Sch 2; 2017 No 17, Sch 4.82 [2].

13C

Lodgment of instruments of lease for cancellation

13C Lodgment of instruments of lease for cancellation

Where—

(a) land to which this Part applies is, after the commencement of Schedule 1 to the Real Property (Crown Land Titles) Amendment Act 1980, brought, or to be brought, under the provisions of this Act, and

(b) an instrument of lease has been issued in respect of that land,

the Registrar-General may require the instrument to be lodged with the Registrar-General for cancellation.

s 13C: Ins 1980 No 193, Sch 1 (3).

13D

Bringing of other Crown land under Act

13D Bringing of other Crown land under Act

(1) The Registrar-General may bring under the provisions of this Act any land to which this Part applies (not being land referred to in section 13A (1) or 13B (1)) by creating a folio of the Register recording “The State of New South Wales” as the proprietor of the land.

(2) Where the Registrar-General creates a folio of the Register in respect of land to which subsection (1) applies, the Registrar-General may record in that folio such particulars relating to any dedication, reservation, lease, licence, permit, occupancy or other matter affecting that land from time to time as the Registrar-General considers appropriate.

(3) The Registrar-General may, in respect of a lease the particulars of which are recorded in a folio of the Register pursuant to subsection (2), create a folio of the Register in the name of the person who, in the Registrar-General’s opinion, is entitled to be the registered proprietor of the lease.

s 13D: Ins 1980 No 193, Sch 1 (3). Am 1987 No 37, Sch 1 (1).

13E

Death of person before creation of folio

13E Death of person before creation of folio

Where a person is or was, in the opinion of the Registrar-General, entitled to be the registered proprietor of land to which this Part applies and that person dies before a folio of the Register is created in respect of the land—

(a) a folio of the Register may be created in the name of that person, and

(b) the land the subject of the folio shall devolve as if the folio had been created immediately before the death of that person.

s 13E: Ins 1980 No 193, Sch 1 (3).

13F

Treatment of instruments not in approved form

13F Treatment of instruments not in approved form

(1) In this section, prescribed instrument means a mortgage, charge or covenant charge—

(a) that affects land not subject to the provisions of this Act, and

(b) that has been registered in the General Register of Deeds kept pursuant to Division 1 of Part 23 of the Conveyancing Act 1919 or, in the case of a covenant charge, in the Register of Causes, Writs and Orders kept pursuant to that Act, and

(c) the existence of which is disclosed in the records of land tenures or holdings kept by the Department, the Department of Industry or the Water Administration Ministerial Corporation, and

(d) that, in the opinion of the Registrar-General, could have been registered under the provisions of this Act as a mortgage, charge or covenant charge if, at the time of its execution, the land it affects had been subject to the provisions of this Act and the instrument had been drawn in a form approved by the Registrar-General.

(2) When land to which this Part applies and which is affected by a prescribed instrument is brought under the provisions of this Act by the creation of a folio of the Register for the estate or interest of a person other than the mortgagee, chargee or covenant chargee entitled under the instrument—

(a) the Registrar-General may record the instrument in the Register in such manner as the Registrar-General considers appropriate, and

(b) the mortgagee, chargee or covenant chargee, as the case may be, named in the recording is to be taken to be registered under the provisions of this Act as proprietor of a mortgage, charge or covenant charge registered under this Act in respect of the land, and

(c) a person who, by the operation of paragraph (b), is to be taken to be a registered proprietor of a mortgage, charge or covenant charge is entitled to exercise the same rights, powers and remedies as if the mortgage, charge or covenant charge had been drawn in the approved form and registered in the manner provided by this Act.

(3) Nothing in this section requires the Registrar-General, when bringing land under the provisions of this Act, to create a folio of the Register for the estate or interest of a mortgagor, charger or covenant charger.

s 13F: Ins 1980 No 193, Sch 1 (3). Am 1986 No 71, Sch 1 (2); 1986 No 205, Sch 2; 1988 No 92, Sch 26; 1990 No 41, Sch 1 (1). Subst 1990 No 41, Sch 2 (1). Am 2010 No 59, Sch 2.81 [2] [3]; 2017 No 17, Sch 4.82 [3]; 2017 No 22, Sch 4.38 [2].

13G

Recordings in Register

13G Recordings in Register

(1) Where a folio of the Register has been created, whether before or after the commencement of Schedule 1 to the Real Property (Crown Land Titles) Amendment Act 1980, in respect of land to which this Part applies, the Registrar-General may record in the folio such particulars of, or such references to—

(a) any covenants, conditions, terms, reservations, exceptions, exemptions, restrictions or provisions (including the provisions of an Act or an instrument made under an Act) attaching or applying to the land,

(b) the purpose, if any, for which the land was disposed of, and

(c) any variation, alteration, modification or revocation of, or addition to, a matter recorded pursuant to paragraph (a) or (b),

as the Registrar-General considers appropriate, and may cancel or remove any such recording.

(2) The provisions of subsection (1) apply in addition to and not in derogation of any provisions of this or any other Act.

(3) Notwithstanding that under a provision of this or any other Act any covenant, condition, term, reservation, exception, exemption, restriction or provision (including a provision of an Act or an instrument made under an Act) to which land to which this Part applies is subject is required to be, or may be, set forth in a folio of the Register created in respect of that land, it shall be sufficient compliance with that provision if—

(a) the covenant, condition, term, reservation, exception, exemption, restriction or provision is set out in a public document, and

(b) the folio of the Register specifies that it is subject to the covenants, conditions, terms, reservations, exceptions, exemptions, restrictions or provisions set out in that document.

(4) For the purposes of this or any other Act, where a folio of the Register specifies that the land to which it relates is subject to covenants, conditions, terms, reservations, exceptions, exemptions, restrictions or provisions set out in a specified public document, those covenants, conditions, terms, reservations, exceptions, exemptions, restrictions or provisions shall be deemed to be set out at length in the folio.

(5) In subsections (3) and (4), public document includes a memorandum which has been distinctively numbered and filed or recorded in the Register.

(6) A memorandum referred to in subsection (5) shall, for the purposes only of section 96B, be deemed to be part of the Register.

s 13G: Ins 1980 No 193, Sch 1 (3). Am 2016 No 46, Sch 4.4 [13]; 2021 No 10, Sch 1.1[8]–[11].

13H

Land that becomes Crown land

13H Land that becomes Crown land

(1) Where the Registrar-General becomes aware that land (whether it is land to which this Part applies or not) comprised in a folio of the Register has become Crown land within the meaning of the Crown Land Management Act 2016, the Registrar-General shall make such recordings in the Register as the Registrar-General considers appropriate.

(2) Without limiting the generality of subsection (1), the Registrar-General may record “The State of New South Wales” as the registered proprietor of land referred to in that subsection if it is not already so recorded.

(3), (4) (Repealed)

s 13H: Ins 1980 No 193, Sch 1 (3). Am 1989 No 9, Sch 1; 2017 No 17, Sch 4.82 [4]; 2021 No 10, Sch 1.1[12] [13].

13I

Revocation of reserves

13I Revocation of reserves

The revocation of any dedication or reservation of land, or the cancellation or revocation of any Crown grant of land, in respect of which a folio of the Register has been created (whether before or after the commencement of Schedule 1 to the Real Property (Crown Land Titles) Amendment Act 1980) shall not effect a cancellation of the folio of the Register.

s 13I: Ins 1980 No 193, Sch 1 (3).

13J

Estate in land where the State is recorded as proprietor

13J Estate in land where the State is recorded as proprietor

Where “The State of New South Wales” is recorded as the registered proprietor of land in accordance with this Act, the estate to which that recording relates is an estate in fee simple.

s 13J: Ins 1980 No 193, Sch 1 (3). Am 1987 No 37, Sch 1 (2).

13K

Conversions, purchases, extensions of term, subdivisions etc

13K Conversions, purchases, extensions of term, subdivisions etc

(1) Where a holding comprising land to which this Part applies is subject to the provisions of this Act and the following action is taken in regard to the holding—

(a) it is converted in whole or in part into another class of holding,

(b) being a leasehold tenure, the purchase from the Crown of the whole or a part of it is confirmed, approved or granted,

(c) being a leasehold tenure, its term is extended as to the whole or a part thereof,

(d) it is subdivided,

(e) land is added to, included in or withdrawn from it,

(f) land comprised in it is exchanged for other land,

(g) (Repealed)

(h) it is otherwise dealt with (except by way of a dealing registrable under this Act),

the Registrar-General may create such folios of, and make such recordings in, the Register as, in the Registrar-General’s opinion, are appropriate to give effect to that action.

(2) Any folio of the Register created in respect of land in pursuance of this section shall be in the name of the person who, in the opinion of the Registrar-General, is entitled to be the registered proprietor of the land.

(2A) If, in connection with the sale of Crown land under Part 5 of the Crown Land Management Act 2016 or the grant of a purchase application within the meaning of Schedule 4 to that Act, the Minister administering that Act imposes a restriction on use or public positive covenant under Division 5.10 of that Act, the Registrar-General is to record the restriction on use or covenant in the relevant folio of the Register.

(3) Without limiting the generality of any other provision of this or any other Act, where—

(a) a folio of the Register has been created in respect of land to which this Part applies,

(b) an interest affecting the land is recorded in the folio, and

(c) a new folio of the Register is created as referred to in this section in respect of the land,

the creation of the new folio shall not affect the interest and the interest shall, to the extent that it is applicable to the land—

(d) continue to exist in relation to the land in respect of which the new folio has been created in the same way as it existed in relation to the land in respect of which the firstmentioned folio was created, and

(e) be recorded by the Registrar-General in the new folio.

(4) In subsection (3), interest includes mortgage, easement, profit à prendre, restriction as to user, lease, caveat and writ.

(5) Where it appears to the Registrar-General that the legal estate in land in respect of which a new folio of the Register is to be created as referred to in this section is vested in a mortgagee, the Registrar-General may record as the registered proprietor in the new folio the mortgagee or the mortgagor of the land.

(6) (Repealed)

s 13K: Ins 1980 No 193, Sch 1 (3). Am 1987 No 243, Sch 1 (1); 1989 No 9, Sch 1; 1990 No 41, Sch 2 (2); 1994 No 41, Sch 3; 2005 No 58, Sch 3.7; 2007 No 82, Sch 1.18; 2017 No 17, Sch 4.82 [5].

13KA

Treatment of instruments affecting land dealt with under section 13K

13KA Treatment of instruments affecting land dealt with under section 13K

(1) In this section, prescribed instrument means a mortgage, charge or covenant charge—

(a) that affects land in respect of which a new folio of the Register is created pursuant to section 13K, and

(b) that has been registered in the General Register of Deeds kept pursuant to Division 1 of Part 23 of the Conveyancing Act 1919 or, in the case of a covenant charge, in the Register of Causes, Writs and Orders kept pursuant to that Act, and

(c) the existence of which is disclosed in the records of land tenures or holdings kept by the Department, the Department of Industry or the Water Administration Ministerial Corporation, and

(d) that, in the opinion of the Registrar-General, could have been registered under the provisions of this Act as a mortgage, charge or covenant charge if the instrument had been drawn in a form approved by the Registrar-General.

(2) When a new folio of the Register is created pursuant to section 13K for land that is affected by a prescribed instrument and the folio is created for the estate or interest of a person other than the mortgagee, chargee or covenant chargee entitled under the instrument—

(a) the Registrar-General may record the instrument in the Register in such manner as the Registrar-General considers appropriate, and

(b) the mortgagee, chargee or covenant chargee, as the case may be, named in the recording is to be taken to be registered under the provisions of this Act as proprietor of a mortgage, charge or covenant charge registered under this Act in respect of the land, and

(c) a person who, by the operation of paragraph (b), is to be taken to be a registered proprietor of a mortgage, charge or covenant charge is entitled to exercise the same rights, powers and remedies as if the mortgage, charge or covenant charge had been drawn in the approved form and registered in the manner provided by this Act.

(3) Nothing in this section requires the Registrar-General to create a folio of the Register for the estate or interest of a mortgagor, charger or covenant charger.

s 13KA: Ins 1990 No 41, Sch 2 (3). Am 2010 No 59, Sch 2.81 [2] [3]; 2017 No 17, Sch 4.82 [6]; 2017 No 22, Sch 4.38 [2].

13L

Execution of instruments in respect of land to which this Part applies

13L Execution of instruments in respect of land to which this Part applies

(1) Where—

(a) land to which this Part applies has been brought under the provisions of this Act,

(b) “The State of New South Wales” is recorded as the registered proprietor of the land, and

(c) the land is to be transferred or otherwise dealt with,

any instrument required to effect the transfer or dealing or required in connection with the administration of any resulting interest may be executed by—

(d) the Minister or Ministerial Corporation authorised to sell or otherwise deal with the land on behalf of the Crown (or a person authorised by the Minister or Corporation for the purposes of this section).

(e) (Repealed)

(2) Any instrument executed by a Minister or the Ministerial Corporation as referred to in subsection (1) may be expressed to be executed on behalf of “The State of New South Wales”, with or without reference to the Crown.

(3) An instrument referred to in subsection (2) which is expressed to be executed on behalf of “The State of New South Wales”, with or without reference to the Crown, shall be deemed to have been executed on behalf of the Crown.

s 13L: Ins 1980 No 193, Sch 1 (3). Am 1986 No 205, Sch 2; 1989 No 9, Sch 1.

13M

Registration of instruments executed before creation of folio

13M Registration of instruments executed before creation of folio

(1) The Registrar-General may record in a folio of the Register created for the purpose of bringing land referred to in section 13A or 13B under the provisions of this Act any transfer (other than a transfer by way of mortgage) or any mortgage, charge or covenant charge that affects the land if the transfer, mortgage, charge or covenant charge—

(a) was executed, before the creation of the folio, by the registered proprietor for the time being recorded therein,

(b) is in a form that is, in the opinion of the Registrar-General, an appropriate form for the transfer, mortgage or charging, as the case may be, of the land before its being brought under the provisions of this Act, and

(c) is presented to the Registrar-General within 5 years next after the creation of the folio.

(2) Section 13F applies to a recording of a mortgage, charge or covenant charge made pursuant to subsection (1) notwithstanding that the existence of the mortgage, charge or covenant charge is not disclosed in the records of land tenures or holdings kept by the Department, the Department of Industry or the Water Administration Ministerial Corporation.

s 13M: Ins 1980 No 193, Sch 1 (3). Am 1986 No 71, Sch 1 (3); 1986 No 205, Sch 2; 1989 No 15, Sch 1 (1); 1990 No 41, Sch 2 (4); 2010 No 59, Sch 2.81 [2]; 2017 No 17, Sch 4.82 [7].

13N

Restriction on creation of folios

13N Restriction on creation of folios

The Registrar-General shall not create a folio of the Register under this Part if, in the opinion of the Registrar-General, further survey definition is necessary adequately to define the boundaries of the land.

s 13N: Ins 1987 No 37, Sch 1 (3).

Part 4

Applications to bring land under the Act and proceedings thereon

Part 4 Applications to bring land under the Act and proceedings thereon

Division 1

Applications

Division 1 Applications

Application to bring land under the Act

14 Application to bring land under the Act

Editorial note.

See Conveyancing Act 1919, sec 136 (3).

(1) Land not subject to the provisions of this Act may be brought under its provisions.

(2) Subject to this section, a primary application may be made by—

(a) a person claiming to be the person in whom is vested an estate in fee simple either at law or in equity in the land to which the application relates,

(b) a person claiming, in the land to which the application relates, an estate in possession, or in reversion, or in remainder, or a leasehold for a life or for lives or a leasehold having a term of not less than twenty-five years current at the time of making the application, or

(c) a person having the power to appoint an estate or interest referred to in paragraph (a) or (b) in the land to which the application relates, if the person obtains the consent of any other person whose consent to the exercise of the power is required and directs that the object of the power be named as proprietor in the folio of the Register to be created for that land.

(3) A primary application may not be made—

(a) by a person who has contracted to purchase the land to which the application relates, unless—

(i) the vendor consents in writing to the application, or

(ii) the whole of the purchase money has been paid to the vendor or the vendor’s authorised agent,

(b) by a person claiming to be entitled to a share of or interest in the land to which the application relates, unless the person entitled to the other share or shares or to any other interest or interests joins in the application for the purpose of bringing the entirety thereof under the provisions of this Act,

(c) by a mortgagor of the land to which the application relates, unless the mortgagee joins in or consents to the application,

(d) by a mortgagee of the land to which the application relates, unless—

(i) the mortgagor joins in or consents to the application, or

(ii) the Registrar-General is satisfied that the mortgagor is in default under the terms of the mortgage,

(d1) where the land to which the application relates is subject to a covenant charge, unless the covenant chargee consents to the application, or

(e) by an execution debtor named in a writ that has been registered in the Register of Causes, Writs and Orders affecting land, unless the execution creditor consents to the application.

(4) A primary application shall be in the approved form and shall be accompanied by such evidence and documents of title as the Registrar-General may require.

(5) Subject to subsection (7), an easement or profit à prendre expressly created as appurtenant to land the subject of a primary application or to land under the provisions of this Act may be the subject of, or may be included in, a primary application.

(6) Where an easement or profit à prendre is, pursuant to a primary application, brought under the provisions of this Act, the Registrar-General shall make any necessary recordings in the Register.

(7) No folio of the Register shall be created for an easement or profit à prendre alone.

(8) In this section, land not subject to the provisions of this Act shall be deemed to include land comprised in a qualified folio of the Register, and an application for the creation of an ordinary folio of the Register in respect of any such land may be made—

(a) by the registered proprietor of the land,

(b) by any other person referred to in subsection (2), or

(c) where a mortgage or charge is recorded in the qualified folio of the Register, by the mortgagee or chargee thereunder.

(9) An application under subsection (8) may be made and dealt with in accordance with the provisions of this Part subject to such modifications as to the Registrar-General may seem appropriate.

(10) Without prejudice to the operation of subsection (9), an application made under subsection (8) in respect of land comprised in a qualified folio of the Register shall, where that folio is a limited folio, be accompanied by—

(a) a plan of survey complying with the regulations or the lodgment rules and adequately defining the boundaries of the land, and

(b) such evidence as the Registrar-General may require relating to any adverse possession of the whole or any part of the land.

(11) The Registrar-General may, pursuant to an application under subsection (8)—

(a) cancel the qualified folio of the Register for the land and create an ordinary folio of the Register for the land, or

(b) cancel the caution recorded under section 28J (1) in the qualified folio and any recording made therein under section 28T (4).

s 14: Am 1921 No 3, sec 2. Subst 1970 No 23, sec 6 (a). Am 1976 No 96, Sch 4 (2); 1979 No 164, Sch 5 (1); 1984 No 25, Sch 3 (2); 1986 No 71, Sch 1 (4); 1987 No 243, Sch 1 (2); 2016 No 46, Sch 4.4 [14]; 2021 No 10, Sch 1.1[14].

14A

Consolidation with adjoining land in certain cases

14A Consolidation with adjoining land in certain cases

(1) Where application is made under section 14 by the registered proprietor of an estate in fee simple in any land claiming, by reason of possession and by virtue of any statute of limitations, title to the like estate in the whole or part of any adjoining land comprised in a limited folio of the Register adverse to or in derogation of the title of the registered proprietor thereof, the Registrar-General may require the application to be accompanied by a plan of survey comprising the land the subject of the claim and the applicant’s adjoining land.

(2) Such an application may be granted by recording the applicant in the Register as the proprietor in fee simple of the whole of the land comprised in the plan of survey.

(3) Upon the granting of the application, the land to which title was therein claimed shall cease to be subject to any registered encumbrances, liens, interests and burdens previously affecting it and shall cease to have the benefit of any rights, privileges, benefits, easements or profits à prendre previously attached thereto, but shall become subject to the same encumbrances, liens, interests and burdens and shall have attached thereto the same rights, privileges, benefits, easements and profits à prendre as the applicant’s adjoining land.

(4) Section 114 (2) applies to and in respect of a requirement made by the Registrar-General under subsection (1) in the same way as it applies to and in respect of a requirement under section 114 (1).

s 14A: Ins 1930 No 44, sec 36. Am 1970 No 23, sec 6 (b). Rep 1976 No 96, Sch 4 (3). Ins 1984 No 25, Sch 2 (4). Am 1987 No 243, Sch 1 (3).

Supreme Court may order production of deeds for purposes of application

15 Supreme Court may order production of deeds for purposes of application

The Supreme Court may, on the application of any person seeking to bring land under this Act, order any specified person who has in his or her possession or under his or her control any deeds, instruments, or evidences of title relating to or affecting the land, to produce and leave them with the Registrar-General, on a day to be named in such order, upon such terms and subject to such conditions as to costs or otherwise as to the Court may seem fit.

s 15: Subst 1970 No 52, Second Sch. Am 1976 No 96, Sch 4 (4) (5); 2016 No 46, Sch 4.4 [15].

16

16 (Repealed)

Division 2

Applications how dealt with

Division 2 Applications how dealt with

Creation of folio for land that is the subject of a primary application

17 Creation of folio for land that is the subject of a primary application

(1) Where the Registrar-General intends to create a folio of the Register for land that is the subject of a primary application and, pursuant to section 12 (1) (h1) or 12 (1A), notice is given of that intention, that notice must specify a period (being not less than one month after the date of the notice) before the expiration of which that folio will not be created.

(2) Subject to subsection (3), the Registrar-General may bring land, the subject of a primary application, under the provisions of this Act by creating for the land a folio of the Register in which—

(a) the primary applicant,

(b) where the primary applicant has directed that a person other than the primary applicant be recorded as the registered proprietor of the land—that person, or

(c) where, in the opinion of the Registrar-General, a person not referred to in paragraph (a) or (b) is entitled to the land—that person,

is recorded as the registered proprietor of the land.

(3) The Registrar-General shall not create a folio of the Register under subsection (2) for land if—

(a) the Registrar-General has given notice of intention to create the folio and the period specified in the notice pursuant to subsection (1) has not expired, or

(b) there is in force under section 74B a caveat prohibiting the bringing of the land, or any part of the land, under the provisions of this Act.

(4) (Repealed)

s 17: Am 1921 No 3, sec 3. Subst 1970 No 23, sec 6 (d); 1976 No 96, Sch 4 (6). Am 1979 No 164, Sch 5 (2); 1986 No 167, Sch 2 (3); 1997 No 55, Sch 1.18 [1].

18

18–22 (Repealed)

Withdrawal of primary application

23 Withdrawal of primary application

(1) A primary applicant may, with the consent of any person in whose name the primary applicant has directed that a folio of the Register be created, withdraw the primary application before that folio is created and, where such an application is so withdrawn the Registrar-General, when requested in writing, shall return to the primary applicant, or to the person appearing to the Registrar-General entitled, all documents lodged in support of the application.

(2) If it appears to the Registrar-General—

(a) that a primary applicant has not complied with the requirements of this Act relating to primary applications,

(b) that the evidence adduced by a primary applicant in support of the primary application is deficient in any material particular, or

(c) that a primary applicant has not proceeded with the primary application within a reasonable time, having regard to the circumstances of the case,

the Registrar-General may reject the primary application.

s 23: Subst 1970 No 23, sec 6 (j). Am 1979 No 164, Sch 5 (3).

Division 2A

Disposal of certain instruments

Division 2A Disposal of certain instruments

pt 4, div 2A: Ins 1979 No 164, Sch 5 (4).

23A

Instruments of title, how to be dealt with

23A Instruments of title, how to be dealt with

(1) For the purposes of this section, instrument, in relation to a primary application or a primary applicant, means an instrument deposited with the Registrar-General that relates to land the subject of the primary application, whether so deposited by the primary applicant or by some other person and whether so deposited pursuant to section 64 of the Conveyancing Act 1919 or otherwise.

(2) Upon creating a folio of the Register under this Part, the Registrar-General shall endorse on each instrument relating to the primary application pursuant to which the Registrar-General created the folio a memorial cancelling it in so far as it relates to land under the provisions of this Act.

(3) Subject to subsection (4), upon creating a folio of the Register under this Part, the Registrar-General—

(a) shall retain in the Registrar-General’s office every instrument relating to the primary application pursuant to which the folio was created until it is delivered or destroyed pursuant to this section, and no person shall be entitled to the production of an instrument so retained except upon the written order of the primary applicant, or of some person claiming through or under the primary applicant, or upon the order of the Supreme Court,

(b) shall deliver to the primary applicant or other person entitled thereto any instrument that relates to land not under the provisions of this Act, and

(c) subject to paragraph (b), may destroy any instrument or may deliver it to the primary applicant or other person entitled thereto or to any person who has satisfied the Registrar-General that he or she bona fide intends to preserve the instrument for historical purposes.

(4) The provisions of subsection (3)—

(a) apply to instruments relating to primary applications pursuant to which folios of the Register were created before or after the commencement of the Real Property (Amendment) Act 1970,

(b) do not apply to instruments deposited pursuant to section 64 of the Conveyancing Act 1919, and

(c) are subject to the provisions of section 21 of the State Records Act 1998.

s 23A: Ins 1979 No 164, Sch 5 (4). Am 1999 No 58, Sch 1 [3].

Division 3

24–28 (Repealed)

pt 4, div 3: Rep 1986 No 167, Sch 2 (4).

pt 4, div 3, hdg: Am 1976 No 96, Sch 4 (7). Rep 1986 No 167, Sch 2 (4).

s 24: Subst 1970 No 23, sec 6 (k). Am 1976 No 96, Sch 4 (8)–(11); 1979 No 164, Sch 5 (5). Rep 1986 No 167, Sch 2 (4).

s 25: Am 1970 No 23, sec 6 (1). Rep 1976 No 96, Sch 4 (12).

s 26: Am 1930 No 44, sec 37 (a); 1970 No 23, sec 6 (m); 1979 No 164, Sch 5 (6). Rep 1986 No 167, Sch 2 (4).

s 27: Am 1965 No 12, sec 5 (1) (a). Subst 1970 No 52, Second Sch. Rep 1986 No 167, Sch 2 (4).

s 28: Am 1970 No 23, sec 6 (n); 1979 No 164, Sch 5 (7). Rep 1986 No 167, Sch 2 (4).

Part 4A

Qualified folios of the Register

Part 4A Qualified folios of the Register

pt 4A: Ins 1967 No 9, sec 2 (c).

pt 4A, hdg: Ins 1967 No 9, sec 2 (c). Am 1979 No 164, Sch 6 (1).

28A

Definitions

28A Definitions

In this Part and in all instruments purporting to be made or executed under this Act, unless inconsistent with the context or subject matter—

Caution means a caution referred to in section 28J.

Land under common law title means land alienated from the Crown in fee and not subject to the provisions of this Act and any estate or interest therein.

Registered deed means a conveyance, mortgage or charge registered under the provisions of Division 1 of Part 23 of the Conveyancing Act 1919.

Subsisting interest, in relation to land for which a qualified folio of the Register has been created, means—

(a) any contingent or vested estate or interest in that land that was in existence at the date on which the qualified folio of the Register was created and would have been enforceable against the person for the time being registered in that qualified folio as the proprietor had that qualified folio not been created and had any dealing registered therein been effected by a corresponding instrument duly registered under Division 1 of Part 23 of the Conveyancing Act 1919 at the same time as the dealing became registered in the Register, and

(b) any estate or interest in that land, arising by prescription or under any statute of limitations, that was in existence or in the course of being acquired at the date on which the qualified folio of the Register was created.

s 28A: Ins 1967 No 9, sec 2 (c). Am 1970 No 23, sec 7 (a); 1976 No 96, Sch 5 (1); 1979 No 164, Sch 6 (2); 1984 No 25, Sch 1 (3); 1988 No 92, Sch 26.

28B

Qualified folio may be created on primary application

28B Qualified folio may be created on primary application

The Registrar-General may, upon a request made by the persons who have applied under Part 4 to bring any land under the provisions of this Act, and, where any mortgagee of the land has joined in the application, with the consent of that mortgagee, and upon withdrawal of the application, create, in accordance with the provisions of this Part, a qualified folio of the Register for any land the subject of the application.

s 28B: Ins 1967 No 9, sec 2 (c). Am 1979 No 164, Sch 6 (3).

28C

Qualified folio may be created on subdivision

28C Qualified folio may be created on subdivision

(1) The Registrar-General may refuse to register, pursuant to Division 3 of Part 23 of the Conveyancing Act 1919, a plan of subdivision that includes land under common law title unless there is lodged with the Registrar-General—

(a) any registered deed whereby the land was, or purported to be, conveyed to the subdivider, or

(b) where the subdivider acquired title to any such land by devolution in law, any registered deed whereby the land was, or purported to be, conveyed to the person from whom the land so devolved, and such other evidence of the devolution as the Registrar-General may require,

together with any registered deed whereby a legal estate in the land is, or purports to be, vested in a mortgagee.

(2) Upon registration of a plan referred to in subsection (1) and lodgment of the appropriate documents referred to in that subsection, the Registrar-General may create, in accordance with the provisions of this Part, a qualified folio of the Register for any land under common law title included in the plan.

s 28C: Ins 1967 No 9, sec 2 (c). Am 1979 No 164, Sch 6 (4); 1984 No 25, Sch 4 (1); 1986 No 152, Sch 1 (1).

28D

Qualified folio may be based on registered deed

28D Qualified folio may be based on registered deed

Where the title to any land under common law title is evidenced by a registered deed and the land is so described in that deed that, in the opinion of the Registrar-General, no further survey definition is necessary adequately to define the boundaries of that land, the Registrar-General may—

(a) create, in accordance with the provisions of this Part, a qualified folio of the Register for any of that land, and

(b) for the purposes of so creating a qualified folio of the Register, retain any relevant deed in the Registrar-General’s custody.

s 28D: Ins 1967 No 9, sec 2 (c). Subst 1976 No 96, Sch 12 (2). Am 1979 No 164, Sch 6 (5).

28E

Qualified folio may be created upon investigation by Registrar-General

28E Qualified folio may be created upon investigation by Registrar-General

(1) The Registrar-General may cause notice to be given to any person (in this subsection referred to as the addressee) requiring the addressee, after making such inquiries as are necessary to enable the addressee to do so, within a time specified in the notice—

(a) to furnish to the Registrar-General a statement supplying the particulars required by the notice in respect of land under common law title specified in the notice, being land the boundaries of which, in the opinion of the Registrar-General, are adequately defined without further survey definition,

(b) to indicate in that statement whether the addressee claims a proprietary interest in the land,

(c) where the addressee so claims a proprietary interest by virtue of an assurance or other disposition or by devolution in law—

(i) to indicate the nature of that interest, and

(ii) where the Registrar-General so requires, to include in the statement a list setting out in chronological order particulars of all instruments that evidence title to the interest claimed and of the existence of which the addressee is aware and to indicate in that list which of those instruments are in the addressee’s possession or under the addressee’s control,

(d) where the addressee so claims a proprietary interest by the operation of any statute of limitations, to furnish to the Registrar-General such evidence in support of that claim as the addressee possesses, and

(e) to produce to the Registrar-General such instruments, being instruments referred to in paragraph (c) (ii) that are in the possession of the addressee or under the addressee’s control, as the Registrar-General may require.

(2) Where a notice has been given under subsection (1) the Registrar-General may, in accordance with the provisions of this Part, create a qualified folio of the Register for any land specified in the notice.

(3) Any person who wilfully refuses or neglects to comply with any requirement of a notice given to the person under subsection (1) or who makes any statement pursuant to such a notice that, to the person’s knowledge, is false or misleading in a material particular shall be guilty of an indictable offence and shall be liable therefor to the penalty or punishment provided by section 141 (1).

s 28E: Ins 1967 No 9, sec 2 (c). Am 1976 No 96, Sch 12 (3) (4); 1979 No 164, Sch 6 (6); 1999 No 94, Sch 4.157 [1].

28EA

Ordinary folio may be created in certain cases

28EA Ordinary folio may be created in certain cases

(1) The Registrar-General may, instead of creating a qualified folio of the Register for land under section 28C, 28D or 28E, create an ordinary folio of the Register for the land if the Registrar-General is satisfied that, were the Registrar-General to create a qualified folio of the Register for the land, the only subsisting interests affecting the land would be one or more of the following—

(a) the interest of a mortgagor under a mortgage in respect of which the Registrar-General would be required by section 12B (2) to record the Registrar-General’s caveat,

(b) an interest that the Registrar-General would protect by recording the Registrar-General’s caveat under section 12 (1) (e) or (f),

(c) an interest that the Registrar-General would record in the qualified folio of the Register,

(d) an interest that, without any action by the Registrar-General referred to in paragraph (a), (b) or (c), would be preserved by section 42.

(2) The Registrar-General may create an ordinary folio of the Register under this section only for land the boundaries of which, in the opinion of the Registrar-General, are adequately defined without further survey definition.

s 28EA: Ins 1976 No 96, Sch 5 (2). Am 1979 No 164, Sch 6 (7); 1980 No 193, Sch 1 (4); 2005 No 68, Sch 1 [1].

28F

Qualified title for holders of aquaculture leases

28F Qualified title for holders of aquaculture leases

A folio created, pursuant to section 13D (3), in the name of a lessee of land under Part 6 of the Fisheries Management Act 1994 may, if the Registrar-General considers it appropriate, be created as a qualified folio.

s 28F: Ins 1967 No 9, sec 2 (c). Am 1970 No 23, sec 7 (b). Rep 1979 No 164, Sch 6 (8). Ins 1990 No 41, Sch 1 (2). Am 1994 No 38, Sch 8.

28G

Restriction on creation of qualified folio

28G Restriction on creation of qualified folio

(1) Where the Registrar-General intends to bring land under the provisions of this Act by creating a qualified folio of the Register for that land and, pursuant to section 12 (1) (h) or 12 (1A), gives notice of that intention the Registrar-General shall, in the notice, specify a period (expiring not earlier than one month after the date of the notice) before the expiration of which that folio will not be created.

(2) The Registrar-General shall not create a qualified folio of the Register if notice of intention to create the folio has been given and the period specified in the notice pursuant to subsection (1) has not expired.

s 28G: Ins 1967 No 9, sec 2 (c). Am 1979 No 164, Sch 6 (9). Subst 1984 No 25, Sch 1 (4).

28GA

Creation of qualified or ordinary folio to be indexed

28GA Creation of qualified or ordinary folio to be indexed

(1) Immediately after bringing land under the provisions of this Act by creating a qualified folio of the Register or by creating an ordinary folio of the Register under section 28EA, the Registrar-General shall cause a notification of the creation of the qualified folio or ordinary folio, as the case may be, to be entered, in such manner as appears to the Registrar-General to be appropriate, in the index to the General Register of Deeds kept pursuant to Division 1 of Part 23 of the Conveyancing Act 1919.

(2) Immediately after bringing land under the provisions of this Act by creating a qualified folio of the Register for that land, the Registrar-General shall chart on any appropriate map or plan or otherwise record the creation of the folio.

s 28GA: Ins 1978 No 39, Sch 1 (1). Am 1979 No 164, Sch 6 (10); 1984 No 25, Sch 1 (5); 1988 No 92, Sch 26.

28H

Recording on qualified folio of registered deeds executed before creation

28H Recording on qualified folio of registered deeds executed before creation

(1) (Repealed)

(2) The Registrar-General may record in a qualified folio of the Register any registered deed that affects the land for which the qualified folio was created if the deed—

(a) was executed, before the qualified folio was created, by the registered proprietor for the time being recorded therein,

(b) is presented to the Registrar-General, together with an application in the approved form, in the same manner as that in which a similar dealing would be required to be presented to the Registrar-General for lodgment if the dealing related to land for which an ordinary folio of the Register had been created, and

(c) is so presented before the caution recorded under section 28J in the folio has lapsed or been cancelled.

s 28H: Ins 1967 No 9, sec 2 (c). Am 1976 No 96, Sch 5 (3) (4); 1978 No 39, Sch 1 (2); 1979 No 164, Sch 6 (11); 1989 No 15, Sch 1 (2).

28I

Subsisting interests to be entered on qualified folio

28I Subsisting interests to be entered on qualified folio

(1) When creating a qualified folio of the Register for any land, the Registrar-General shall record in that folio any subsisting interest then apparent to the Registrar-General, but shall not be concerned to make searches or inquiries as to the existence of any such interest.

(2) The Registrar-General may, at any time after the creation of a qualified folio of the Register, record in that folio any additional subsisting interest in the land comprised therein.

s 28I: Ins 1967 No 9, sec 2 (c). Am 1970 No 23, sec 7 (c); 1979 No 164, Sch 6 (12).

28J

Cautions

28J Cautions

(1) When creating a qualified folio of the Register for any land, the Registrar-General shall record in that folio a caution warning persons dealing with the registered proprietor that the land comprised therein is held subject to any subsisting interest, whether recorded therein or not.

(1A) Where, in the opinion of the Registrar-General, any of the documents which evidenced the title to land comprised in a qualified folio of the Register conveyed or purported to convey the land otherwise than for valuable consideration, the Registrar-General may, when creating the folio, include in the caution recorded therein a notation to that effect.

(1B) Where, in the opinion of the Registrar-General, the title of the registered proprietor to land comprised in a qualified folio of the Register depends on the operation of any statute of limitations, the Registrar-General may, when creating the folio, include in the caution recorded therein a notation to that effect.

(2) In any caution recorded under subsection (1) in a qualified folio of the Register, the Registrar-General may indicate that, for the purpose of creating an ordinary folio of the Register for other land, a chain of title evidencing the title to land for which the qualified folio was created has been accepted by the Registrar-General up to a specified deed registered under Division 1 of Part 23 of the Conveyancing Act 1919.

(3) Where a caution contains any such indication, the qualified folio of the Register shall, notwithstanding any other provision of this Part, not be subject to any interest arising under an instrument registered under Division 1 of Part 23 of the Conveyancing Act 1919 before the registration of the specified deed referred to in subsection (2), other than such subsisting interests as are recorded in that folio or are preserved by section 42.

s 28J: Ins 1967 No 9, sec 2 (c). Am 1970 No 23, sec 7 (d); 1976 No 96, Sch 5 (5); 1979 No 164, Sch 6 (13); 1984 No 25, Sch 1 (6); 1988 No 92, Sch 26.

28K

Additional subsisting interests may be notified

28K Additional subsisting interests may be notified

The registered proprietor of land for which a qualified folio of the Register has been created may lodge with the Registrar-General a memorandum in the approved form setting out particulars of any subsisting interest affecting that land and not already recorded in that folio, and the Registrar-General shall thereupon make such recording in that folio in respect of that subsisting interest as the Registrar-General considers appropriate.

s 28K: Ins 1967 No 9, sec 2 (c). Subst 1970 No 23, sec 7 (e); 1979 No 164, Sch 6 (14).

28L

Duties of registered proprietor dealing with land in qualified folio

28L Duties of registered proprietor dealing with land in qualified folio

A registered proprietor of land comprised in a qualified folio of the Register who has knowledge of a subsisting interest that affects that land and is not recorded in that folio and who, without having lodged a memorandum as provided in section 28K, creates or disposes of or otherwise deals with any estate or interest in land so affected or applies for the cancellation of a caution shall be guilty of an indictable offence and shall be liable therefor to the penalty or punishment provided by section 141 (1).

s 28L: Ins 1967 No 9, sec 2 (c). Am 1970 No 23, sec 7 (f); 1979 No 164, Sch 6 (15); 1999 No 94, Sch 4.157 [1].

28M

Lapsing of caution on qualified folio created after registered deed for value (section 28J (1))

28M Lapsing of caution on qualified folio created after registered deed for value (section 28J (1))

(1) This section sets out the 2 ways in which a caution recorded on a qualified folio of the Register under section 28J (1) that does not include a notation under section 28J (1A) or (1B) may lapse.

(2) Firstly, if after the creation of the qualified folio, a person for valuable consideration and without fraud to which the person is a party becomes registered or, pursuant to section 36 (8), is deemed to have become registered, as proprietor of an estate or interest in the land comprised in the folio, the caution recorded on the folio lapses as regards the estate or interest—

(a) on the expiration of 6 years after the creation of the folio, or

(b) when the person becomes, or is deemed to have become, registered,

whichever is the later.

(3) Secondly, if immediately before the expiration of 12 years after the creation of the qualified folio, the caution affecting the folio has not lapsed as regards all estates and interests in the land comprised in the folio or been cancelled, the caution lapses on the expiration of that period.

s 28M: Ins 1967 No 9, sec 2 (c). Am 1970 No 23, sec 7 (g); 1976 No 96, Sch 5 (6)–(10); 1979 No 26, Sch 1 (4); 1979 No 164, Sch 6 (16); 1984 No 25, Schs 1 (7), 4 (2); 1990 No 57, Sch 1; 1995 No 11, Sch 1.107 [1]. Subst 1996 No 87, Sch 1 [10].

28MA

Lapsing of caution on qualified folio created after registered deed other than for value (section 28J (1A))

28MA Lapsing of caution on qualified folio created after registered deed other than for value (section 28J (1A))

(1) This section sets out the 2 ways in which a caution recorded on a qualified folio of the Register under section 28J (1) that includes a notation under section 28J (1A) but does not include a notation under section 28J (1B) may lapse.

(2) Firstly, if after the creation of the qualified folio, a person for valuable consideration and without fraud to which the person is a party becomes registered or, pursuant to section 36 (8), is taken to have become registered, as proprietor of an estate or interest in the land comprised in the folio, and another person subsequently for valuable consideration and without fraud to which that other person is a party becomes, or is taken to have become, registered as proprietor of that estate or interest, the caution recorded on the folio lapses as regards the estate or interest—

(a) on the expiration of 6 years after the time when the firstmentioned person becomes, or is taken to have become, registered, or

(b) at the time the other person becomes, or is taken to have become, registered,

whichever is the later.

(3) Secondly, if—

(a) after the creation of the qualified folio, a person for valuable consideration and without fraud to which the person is a party becomes registered or, pursuant to section 36 (8), is deemed to have become registered, as proprietor of an estate or interest in the land comprised in the folio, and

(b) immediately before the expiration of 12 years after the person becomes, or is deemed to have become, so registered, the caution has not lapsed as regards the estate or interest or been cancelled,

the caution lapses as regards the estate or interest on the expiration of that period.

s 28MA: Ins 1996 No 87, Sch 1 [10]. Am 1999 No 58, Sch 1 [4].

28MB

Effect of lapsing of caution under section 28M or 28MA

28MB Effect of lapsing of caution under section 28M or 28MA

(1) If a caution lapses under section 28M or 28MA then, subject to subsection (2), the lapsing operates to free the land or the estate or interest in respect of which the caution lapses from any interests that affected the land at the date on which it was brought under this Act by the creation of a qualified folio of the Register.

(2) However, the lapsing of a caution under section 28M or 28MA does not operate to defeat a subsisting interest that—

(a) was, immediately before the lapsing—

(i) recorded in the qualified folio, or

(ii) the subject of a caveat affecting land comprised in the qualified folio, or

(b) is preserved by section 42.

(3) The provisions of this section and sections 28M (3) and 28MA (3) do not operate to defeat the estate or interest of a mortgagor in land in respect of which a Registrar-General’s caveat has been recorded under section 12B (2).

s 28MB: Ins 1996 No 87, Sch 1 [10].

28MC

Application for cancellation of caution accompanied by search

28MC Application for cancellation of caution accompanied by search

(1) This section applies in respect of a caution recorded on a qualified folio of the Register under section 28J (1) including a caution with a notation under section 28J (1A) but excluding a caution with a notation under section 28J (1B).

(2) The registered proprietor of land comprised in a qualified folio on which a caution in respect of which this section applies is noted may, at any time, apply to the Registrar-General in the approved form for cancellation of the caution recorded in the folio.

(3) The Registrar-General may cancel the caution if—

(a) the application is accompanied by an office copy of a certificate of the result of a search relating to the land under section 197 of the Conveyancing Act 1919 and any other evidence that the Registrar-General may request, and

(a1) the Registrar-General has had regard to a survey report and an identification survey relating to the land that have been prepared by a registered surveyor, and

(b) the Registrar-General is satisfied that all estates and interests in the land are held free from any subsisting interests, other than those referred to in section 28MG, and

(c) the boundaries of the land, in the opinion of the Registrar-General, are adequately defined without further survey definition.

(4) For the purposes only of enabling a search to be carried out under section 197 of the Conveyancing Act 1919 in relation to an application under this section, land comprised in a qualified folio is taken not to be land subject to the provisions of this Act.

s 28MC: Ins 1996 No 87, Sch 1 [10]. Am 2005 No 68, Sch 1 [2] [3].

28MD

Application for cancellation of lapsed caution

28MD Application for cancellation of lapsed caution

(1) The registered proprietor of land comprised in a qualified folio—

(a) that is not affected by a notation under section 28J (1B), and

(b) in respect of which a caution has lapsed by the operation of section 28M or 28MA,

may apply to the Registrar-General in the approved form for cancellation of the caution recorded in the folio.

(2) The Registrar-General may cancel the caution if the Registrar-General is satisfied that, by virtue of section 28MB, all estates and interests in the land are held free from any subsisting interests, other than those referred to in section 28MG.

ss 28MD–28MG: Ins 1996 No 87, Sch 1 [10].

28ME

Application for cancellation of caution on qualified folio created on possessory title (section 28J (1B))

28ME Application for cancellation of caution on qualified folio created on possessory title (section 28J (1B))

(1) This section sets out the way in which an application for cancellation of a caution recorded on a qualified folio of the Register under section 28J (1) that does not include a notation under section 28J (1A) but does include a notation under section 28J (1B) may be made.

(2) The registered proprietor of land on which a caution in respect of which this section applies is recorded may apply to the Registrar-General in the approved form for cancellation of the caution if 12 years, running from the date on which a cause of action to recover the land comprised in the qualified title first accrued to a person, has expired.

(3) The Registrar-General may cancel the caution to which the application relates to the extent that it affects the land if—

(a) before the expiration of the period of 12 years referred to in subsection (2), no person has served notice of the commencement of an action to recover the land on the Registrar-General or given the Registrar-General written notice of an order made by the Supreme Court restraining the Registrar-General from cancelling the caution, and

(b) the Registrar-General is satisfied that, by virtue of any statute of limitations, the land is held free from any subsisting interests, other than those referred to in section 28MG.

ss 28MD–28MG: Ins 1996 No 87, Sch 1 [10].

28MF

Registrar-General may cancel lapsed caution

28MF Registrar-General may cancel lapsed caution

(1) The Registrar-General may, if the Registrar-General thinks fit, cancel a caution that lapses by the operation of this Part.

(2) In particular, the Registrar-General may, if the Registrar-General thinks fit, cancel a caution that lapses in accordance with section 28M (3).

ss 28MD–28MG: Ins 1996 No 87, Sch 1 [10].

28MG

Cancellation of caution in certain cases does not defeat certain subsisting interests

28MG Cancellation of caution in certain cases does not defeat certain subsisting interests

The cancellation of a caution under section 28MC, 28MD, 28ME or 28MF does not operate to defeat a subsisting interest that—

(a) was recorded in the qualified folio of the Register immediately before the cancellation, or

(b) is preserved by section 42.

ss 28MD–28MG: Ins 1996 No 87, Sch 1 [10].

28MH

Cancellation of caution on resumption or sale under Local Government Act 1993

28MH Cancellation of caution on resumption or sale under Local Government Act 1993

(1) This section applies when the Registrar-General—

(a) records a resumption pursuant to section 31A (3) (a) or (b), or

(b) records a transfer pursuant to section 726 of the Local Government Act 1993,

of land comprised in a qualified folio of the Register.

(2) On making a recording under this section, the Registrar-General must cancel the caution recorded in the qualified folio that relates to the land resumed or transferred.

s 28MH: Ins 1996 No 87, Sch 1 [10]. Am 2021 No 10, Sch 1.1[15].

28N

Cancellation of instruments

28N Cancellation of instruments

Before cancelling any caution recorded in a qualified folio of the Register, the Registrar-General may, in the Registrar-General’s discretion, call in and cancel, wholly or partially as the case may require, any instruments of title executed before the creation of the folio and affecting the land for which the folio was created.

s 28N: Ins 1967 No 9, sec 2 (c). Am 1970 No 23, sec 7 (h); 1979 No 164, Sch 6 (17).

28O

Certain proceedings against Registrar-General barred

28O Certain proceedings against Registrar-General barred

Notwithstanding the provisions of Parts 13 and 14, no proceedings shall be brought, and no action shall lie, against the Registrar-General for any refusal to create a qualified folio of the Register or to cancel a caution.

s 28O: Ins 1967 No 9, sec 2 (c). Am 1976 No 96, Sch 5 (11); 1979 No 164, Sch 6 (18); 2000 No 28, Sch 1 [4].

28P

Application of provisions of this Act to qualified folio and land therein

28P Application of provisions of this Act to qualified folio and land therein

(1) Except as otherwise provided by this Act—

(a) land comprised in a qualified folio of the Register is subject to the provisions of this Act,

(b) the provisions of this Act relating to ordinary folios of the Register, land comprised in ordinary folios of the Register and to the registration of dealings affecting land comprised in ordinary folios of the Register shall apply to qualified folios of the Register, land comprised in qualified folios of the Register and the registration of dealings affecting land comprised in qualified folios of the Register,

(c) a reference in this and in any other Act (other than the Strata Schemes Development Act 2015) to a folio of the Register includes a reference to a qualified folio of the Register, and

(d) a qualified folio of the Register shall be evidence as to title in all respects as if it were an ordinary folio of the Register, except that it shall be subject to every subsisting interest in the land comprised therein, whether recorded in the Register or not.

(2), (3) (Repealed)

s 28P: Ins 1967 No 9, sec 2 (c). Am 1970 No 23, sec 7 (i); 1973 No 68, Sch 3; 1976 No 96, Sch 5 (12)–(15); 1978 No 39, Sch 1 (3); 1979 No 26, Sch 1 (5); 1979 No 164, Sch 6 (19); 1984 No 25, Sch 1 (8); 1986 No 220, Sch 1; 1996 No 139, Sch 2.26 [1] (am 1997 No 55, Sch 2.18 [1] [2]); 2015 No 51, Sch 9.16 [1].

28Q

Application of Act No 6, 1919, Part 4

28Q Application of Act No 6, 1919, Part 4

(1) To the extent that, but for this section, Part 4 of the Conveyancing Act 1919 would not apply to or in respect of land comprised in a qualified folio of the Register, it shall so apply, and shall be deemed always to have so applied after the commencement of the Real Property (Conversion of Title) Amendment Act 1967 as if the land were not land subject to the provisions of this Act.

(2) Subsection (1) shall not operate to exclude the application, to and in respect of land comprised in a qualified folio of the Register, of such of the provisions of Part 4 of the Conveyancing Act 1919 as apply to and in respect of land under the provisions of this Act.

s 28Q: Ins 1970 No 23, sec 7 (j). Am 1976 No 96, Sch 5 (16); 1979 No 164, Sch 6 (20).

28QA

Information and production of documents

28QA Information and production of documents

(1) The Registrar-General, for the purpose of bringing land under the provisions of this Act in accordance with this Part, may—

(a) retain any deed in the possession of the Registrar-General which purports to convey or vest any estate or interest in the land,

(b) require persons lodging any such deed to furnish a statement in the approved form supplying the particulars therein requested in relation to any such estate or interest, and

(c) by notice in writing served on any person, require the person to produce within a period specified in the notice, being a period expiring not earlier than one month after the date of the notice, any deed or other document or certificate which the person is able to produce and particulars whereof are specified in the notice, being a deed, document or certificate relating to any estate or interest in the land.

(2) Any person who wilfully refuses or neglects to comply with any requirement under subsection (1) or who makes any statement pursuant to such a requirement that, to the person’s knowledge, is false or misleading in a material particular shall be guilty of an indictable offence and shall be liable therefor to the penalty or punishment provided by section 141 (1).

s 28QA: Ins 1984 No 25, Sch 1 (9). Am 1999 No 94, Sch 4.157 [1]; 2016 No 46, Sch 4.4 [16].

28R

Certain instruments to have no effect

28R Certain instruments to have no effect

Where a dealing creating or transferring an estate or interest in land comprised in a qualified folio of the Register has been registered under this Act, any other instrument not registrable under this Act is, to the extent that it purports to give effect to the transaction creating or transferring that estate or interest, of no force or effect.

s 28R: Ins 1976 No 96, Sch 5 (17). Am 1979 No 164, Sch 6 (21).

Part 4B

Limited folios of the Register

Part 4B Limited folios of the Register

pt 4B: Ins 1976 No 96, Sch 12 (5).

pt 4B, hdg: Am 1979 No 164, Sch 7 (1).

28S

Definitions

28S Definitions

(1) In this Part and in all instruments purporting to be made under this Act, unless inconsistent with the context or subject-matter—

delimitation plan means a plan of survey lodged for the purposes of section 28V.

land under common law title has the same meaning as it has in Part 4A.

limitation means a recording referred to in section 28T (4).

registered deed has the same meaning as it has in Part 4A.

(2) (Repealed)

s 28S: Ins 1976 No 96, Sch 12 (5). Am 1979 No 164, Sch 7 (2); 1984 No 25, Sch 2 (6); 1987 No 37, Sch 1 (4); 1993 No 108, Sch 2.

28T

Creation of limited folio

28T Creation of limited folio

(1A) Where the boundaries of land to which Part 3 applies are not sufficiently defined to enable the Registrar-General to create an ordinary folio of the Register under that Part, the Registrar-General may, subject to subsection (4), create a folio of the Register—

(a) in the case of land to which section 13A or 13B applies, being a folio for the estate or interest in any of that land of the person for whose estate or interest the Registrar-General could otherwise have created an ordinary folio of the Register under that section,

(b) in the case of land to which section 13D (1) applies, being a folio in which “The State of New South Wales” is recorded as the proprietor of that land, or

(c) in the case of a lease described in section 13D (3) of land to which section 13D (1) applies, being a folio in the name of the person who, in the Registrar-General’s opinion, is entitled to be registered proprietor of the lease.

(1) Where the boundaries of land described in a registered deed are not sufficiently defined to enable the Registrar-General to create a qualified folio of the Register under section 28C or 28D, the Registrar-General may, subject to subsection (4)—

(a) create a qualified folio of the Register for the estate or interest in any of that land of the person for whose estate or interest in the land the Registrar-General could have created a qualified folio of the Register under section 28C or 28D, as the case may be, if no further survey definition had been necessary adequately to define the boundaries of the land, and

(b) for the purpose of creating a folio of the Register for that land under paragraph (a), retain any relevant deed in the Registrar-General’s custody.

(2) Where the boundaries of land are not sufficiently defined to enable the Registrar-General to cause a notice to be given under section 28E (1), the Registrar-General may cause such a notice to be given and, subject to subsection (4), may create a qualified folio of the Register for the estate or interest in any of that land of the person for whose estate or interest in the land the Registrar-General could have created a qualified folio of the Register under section 28E, if no further survey definition had been necessary adequately to define the boundaries of the land.

(3) Where the boundaries of land are not sufficiently defined to enable the Registrar-General to create an ordinary folio of the Register under section 28EA, the Registrar-General may, subject to subsection (4), create a folio of the Register for the estate or interest in any of that land of the person for whose estate or interest in the land the Registrar-General could have created an ordinary folio of the Register under section 28EA, if no further survey definition had been necessary adequately to define the boundaries of the land.

(4) When creating a folio of the Register under subsection (1A), (1), (2) or (3), the Registrar-General shall make in that folio a recording to the effect that the description of the land comprised therein has not been investigated by the Registrar-General and may therein or in any plan deposited in the Registrar-General’s office illustrating the land so comprised record such other particulars as the Registrar-General considers appropriate.

(5) Part 3 (sections 13A, 13B, 13D (1) and (3) and 13N excepted) applies to and in respect of a folio of the Register created under subsection (1A) (whether or not it ceases to be a limited folio of the Register) in the same way as it applies to and in respect of a folio of the Register created under Part 3.

(6) The provisions of section 28GA apply to and in respect of a folio of the Register created under subsection (3) as if the reference in section 28GA to an ordinary folio of the Register created under section 28EA were a reference to a folio of the Register created under subsection (3).

(7) Part 4A (sections 28B, 28C, 28D, 28E, 28EA and 28QA excepted) applies to and in respect of a qualified folio of the Register created under subsection (1) or (2) (whether or not it ceases to be a limited folio of the Register) in the same way as it applies to and in respect of a qualified folio of the Register created under Part 4A.

(8) Except as otherwise provided by any other provision of this Part—

(a) land comprised in a limited folio of the Register is subject to the provisions of this Act,

(b) the provisions of this Act relating to ordinary folios of the Register, land comprised in ordinary folios of the Register and the registration of dealings affecting land comprised in ordinary folios of the Register shall apply to limited folios of the Register, land comprised in limited folios of the Register and the registration of dealings affecting land comprised in limited folios of the Register,

(c) a reference in this and in any other Act (other than the Strata Schemes Development Act 2015) to a folio of the Register includes a reference to a limited folio of the Register, and

(d) a limited folio of the Register shall be evidence as to title in all respects as if it were an ordinary folio of the Register, except that—

(i) the certification of title is not conclusive as regards the definition of the boundaries of the land comprised therein, and

(ii) where the folio of the Register is also a qualified folio of the Register, the operation of section 28P (1) (d), as applied by subsection (7), is not affected.

s 28T: Ins 1976 No 96, Sch 12 (5). Am 1978 No 39, Sch 1 (4); 1979 No 164, Sch 7 (3); 1984 No 25, Sch 2 (7); 1986 No 220, Sch 1; 1987 No 37, Sch 1 (5); 1996 No 139, Sch 2.26 [2] (am 1997 No 55, Sch 2.18 [1] [2]); 2015 No 51, Sch 9.16 [2].

28U

Defeasibility of limited title

28U Defeasibility of limited title

(1) Section 12 (3) (b) does not apply to or in respect of a correction made by the Registrar-General of any wrong description of parcels or of boundaries in relation to land included in a limited folio of the Register.

(2) Where by any wrong description of parcels or of boundaries any land is incorrectly included in a limited folio of the Register, section 42 (1) does not operate to defeat any estate or interest in that land adverse to or in derogation of the title of the registered proprietor and not recorded in the folio, whether or not the registered proprietor is a purchaser or mortgagee of that land for value or derives title from such a purchaser or mortgagee.

s 28U: Ins 1976 No 96, Sch 12 (5). Am 1979 No 164, Sch 7 (4). Subst 1984 No 25, Sch 2 (8).

28V

Removal of limitation

28V Removal of limitation

(1) Upon lodgment of—

(a) a plan of survey complying with the regulations or the lodgment rules and adequately defining the boundaries of the land comprised in a limited folio of the Register,

(b) such evidence as the Registrar-General may require relating to any adverse possession of the whole or any part of the land comprised in the folio, and

(c) such other evidence as the Registrar-General may in any case require,

the Registrar-General may, subject to this Act, register the plan of survey and cancel the limitation recorded in the folio.

(2) Where the Registrar-General intends to register a plan lodged for the purposes of this section and, pursuant to section 12 (1) (h) or 12 (1A), gives notice of that intention the Registrar-General shall, in the notice, specify a period (expiring not earlier than one month after the date of the notice) before the expiration of which the plan will not be registered.

s 28V: Ins 1976 No 96, Sch 12 (5). Am 1979 No 164, Sch 7 (5). Subst 1984 No 25, Sch 2 (9). Am 2016 No 46, Sch 4.4 [17] [18].

28W

Restrictions on registration of delimitation plan

28W Restrictions on registration of delimitation plan

Without prejudice to section 74H in so far as it relates to a delimitation plan, the Registrar-General shall not register a delimitation plan if a notice referred to in section 28V (2) has been given and the period specified in that notice has not expired.

s 28W: Ins 1976 No 96, Sch 12 (5). Am 1979 No 164, Sch 7 (6). Subst 1984 No 25, Sch 2 (9); 1986 No 167, Sch 2 (5).

28X

Withdrawal of delimitation plan

28X Withdrawal of delimitation plan

(1) A person who lodges a delimitation plan may withdraw the plan before it is registered by making a request in the approved form.

(1A) If a plan lodged electronically is withdrawn before registration, the Registrar-General is to return any documents lodged manually with it to the person appearing to the Registrar-General to be entitled to them.

(1B) If a plan lodged manually is withdrawn before registration, the Registrar-General is to return the plan and any other documents lodged with it to the person appearing to the Registrar-General to be entitled to them.

(2) If it appears to the Registrar-General—

(a) that a person who has lodged a delimitation plan has not complied, or has unreasonably delayed in complying, with the requirements of the Registrar-General relating to the registration of the plan, or

(b) that the evidence adduced by any such person in compliance with any such requirement is deficient in any material particular,

the Registrar-General may refuse to register the plan.

s 28X: Ins 1976 No 96, Sch 12 (5). Am 1979 No 164, Sch 7 (7). Subst 1984 No 25, Sch 2 (9). Am 2002 No 2, Sch 2.1 [3].

Division 4

Other provisions relating to limited folios

Division 4 Other provisions relating to limited folios

pt 4B, div 4: Ins 1984 No 25, Sch 2 (9).

28ZC

Certain proceedings against Registrar-General barred

28ZC Certain proceedings against Registrar-General barred

Notwithstanding the provisions of Parts 13 and 14, no proceedings shall be brought, and no action shall lie, against the Registrar-General for any refusal to create a limited folio of the Register or to cancel a limitation.

s 28ZC: Ins 1984 No 25, Sch 2 (9). Am 2000 No 28, Sch 1 [5].

28ZD

Information and production of documents

28ZD Information and production of documents

(1) The Registrar-General, for the purpose of bringing land under the provisions of this Act in accordance with this Part, may—

(a) retain any deed in the possession of the Registrar-General which purports to convey or vest any estate or interest in the land,

(b) require persons lodging any such deed to furnish a statement in the approved form supplying the particulars therein requested in relation to any such estate or interest, and

(c) by notice in writing served on any person, require the person to produce within a period specified in the notice, being a period expiring not earlier than one month after the date of the notice, any deed or other document or the certificate which the person is able to produce and particulars whereof are specified in the notice, being a deed, document or certificate relating to any estate or interest in the land.

(2) Any person who wilfully refuses or neglects to comply with any requirement under subsection (1) or who makes any statement pursuant to such a requirement that, to the person’s knowledge, is false or misleading in a material particular shall be guilty of an indictable offence and shall be liable therefor to the penalty or punishment provided by section 141 (1).

s 28ZD: Ins 1984 No 25, Sch 2 (9). Am 1999 No 94, Sch 4.157 [1]; 2016 No 46, Sch 4.4 [19].

Part 5

29–31 (Repealed)

pt 5: Rep 1979 No 164, Sch 8.

s 29: Am 1955 No 19, sec 2 (a). Subst 1970 No 23, sec 8 (a). Am 1970 No 52, Second Sch. Rep 1979 No 164, Sch 8.

s 30: Rep 1970 No 23, sec 8 (b).

s 31: Rep 1970 No 23, sec 8 (c).

Part 5A

Certification of title to resumed land

Part 5A Certification of title to resumed land

pt 5A: Ins 1932 No 65, sec 4 (1) (a). Subst 1970 No 23, sec 9.

31A

Creation of folio for resumed land

31A Creation of folio for resumed land

(1) In this Part—

resumption means compulsory acquisition of land (including compulsory acquisition or appropriation of Crown land) under the provisions of any Act or Act of the Commonwealth authorising compulsory acquisition or appropriation of land, and resumed has a corresponding meaning.

resumption application means application in the approved form to the Registrar-General to cause to be registered as proprietor of land the person entitled to the land by virtue of a resumption or by virtue of any further vesting of resumed land by the operation of any Act or Act of the Parliament of the Commonwealth, either directly or by reason of anything done in pursuance thereof.

(2) Where resumed land is not under the provisions of this Act—

(a) subject to subsection (2B), the Registrar-General shall, upon lodgment of a resumption application relating to the land resumed, accompanied by a copy of the instrument by which the resumption was effected, together with any other evidence required by the Registrar-General, create a folio of the Register for the estate or interest of the person in whom is vested the land described in that resumption application without causing any examination or report to be made as to the title to the land and without considering that title otherwise than to satisfy himself or herself that the land described in the resumption application is included in the resumed land, and

(b) (Repealed)

(c) in any folio of the Register created in pursuance of this subsection the resumed land may be described in the terms of or by reference to the instrument by which the resumption was effected.

(2A) An easement or profit à prendre which is created by resumption of land which is not under the provisions of this Act may be the subject of, or may be included in, a resumption application under subsection (2) and, for the purpose of giving effect to such an application, the Registrar-General shall make any necessary recordings in the Register.

(2B) A resumption application may not be made for the creation of a folio of the Register for an easement or profit à prendre alone.

(3) Where resumed land is under the provisions of this Act—

(a) the Registrar-General may, where the Registrar-General has notice of the resumption, record the resumption in the Register of the Registrar-General’s own motion, and

(b) subject to paragraph (a), the Registrar-General, upon lodgment of a resumption application relating to the land resumed, accompanied by a copy of the instrument by which the resumption was effected and any other evidence required by the Registrar-General, shall make such recording in the Register as may be necessary to give effect to the resumption application.

(c), (d) (Repealed)

(4) An action does not lie against the Registrar-General for the recovery of damages sustained through deprivation of land, or of any estate or interest in land, by reason that—

(a) the Registrar-General acted under this section in relation to what purported to be, but was not, an effective resumption, or

(b) the Registrar-General failed to exercise the power conferred on the Registrar-General by subsection (3) (a).

(5) The Registrar-General may give notice to a person that at the expiration of a period specified in the notice the Registrar-General proposes to give effect, under this section, to a specified resumption application and, where the Registrar-General gives such a notice, the Registrar-General may delay giving effect, under this section, to the resumption application until the expiration of the period so specified.

(6) This section shall apply to and in respect of resumptions before or after the commencement of the Real Property (Amendment) Act 1970, except to the extent that—

(a) a certificate of title issued in respect of the resumed land after the resumption and before that commencement, or

(b) a resumption application in respect of the resumed land was registered before that commencement.

s 31A: Ins 1932 No 65, sec 4 (1) (a). Am 1956 No 12, sec 2 (b). Subst 1970 No 23, sec 9. Am 1976 No 96, Sch 6; 1979 No 164, Sch 9; 1987 No 243, Sch 1 (4); 1992 No 57, Sch 2; 2021 No 10, Sch 1.1[16]–[18].

Part 6

The Register and registration

Part 6 The Register and registration

pt 6, hdg: Am 1970 No 23, sec 10 (a).

31B

The Register

31B The Register

(1) The Registrar-General shall cause a Register to be maintained for the purposes of this Act.

(2) The Register shall be comprised of—

(a) folios,

(b) dealings registered therein under this or any other Act,

(c) the record required to be kept pursuant to section 32 (7),

(d) instruments of a prescribed class, and

(e) records required by the regulations to be kept as part of the Register.

(3) The Register may be maintained in or upon any medium or combination of mediums capable of having information recorded in or upon it or them.

(4) The Registrar-General may, from time to time, vary the manner or form in which the whole or any part of the Register is maintained.

s 31B: Ins 1979 No 164, Sch 10 (1).

Folios of the Register

32 Folios of the Register

(1) The Registrar-General creates a folio of the Register for land by making a record of—

(a) a description of the land and of the estate or interest therein for which it is created,

(b) a description of the proprietor for the time being of the estate or interest and the fact that any such proprietor is a minor if the Registrar-General knows that to be the case, and

(c) such particulars, as the Registrar-General thinks fit, of—

(i) other estates or interests, if any, affecting the land, and

(ii) other information, if any, that relates to the land or any estate or interest therein and is included in that record pursuant to this or any other Act (including an Act of the Parliament of the Commonwealth) or an instrument made under any such Act,

and by allocating a distinctive reference to the record so made.

(2) Subsection (1) does not apply in respect of a folio of the register constituted under section 29 or 31 of the Strata Schemes Development Act 2015.

(2A) Subsection (1) (c) applies, in the case of a qualified folio of the Register, subject to the provisions of section 28I.

(3) Where a person is registered as proprietor of a lease registered under this Act, the Registrar-General may—

(a) if the Registrar-General thinks fit so to do, create a folio or folios of the Register for the estate or interest of that person in some or all of the land leased, and

(b) for that purpose require a plan of the land to be lodged for registration or recording which shall, if the Registrar-General so requires, be a plan of survey.

(4) The Registrar-General may, if the Registrar-General thinks fit so to do, create a new folio or new folios of the Register for the whole or any part of the land comprised in one or more of the folios of the Register.

(5) Where, under this Act, the Registrar-General creates a new folio of the Register for land contained in a previously created folio of the Register, the Registrar-General shall appropriately cancel the previously created folio.

(6) The Registrar-General shall have, and shall be deemed always to have had, power to cancel in such manner as the Registrar-General considers proper any recording in the Register that the Registrar-General is satisfied does not affect the land to which the recording purports to relate.

(7) The Registrar-General shall maintain a record of all dealings recorded in, or action taken in respect of, a computer folio and such other information, if any, relating to the folio as the Registrar-General thinks fit.

s 32: Am 1928 No 25, sec 3 (1); 1930 No 44, sec 37 (b) (c). Subst 1970 No 23, sec 10 (b). Am 1976 No 96, Sch 7 (1) (2). Subst 1979 No 164, Sch 10 (2). Am 1984 No 25, Sch 1 (10); 1986 No 220, Sch 1; 1987 No 280, Sch 1 (1); 1993 No 108, Sch 2; 1996 No 139, Sch 2.26 [3] [4] (am 1997 No 55, Sch 2.18 [1] [2]); 2010 No 59, Sch 1.22; 2015 No 51, Sch 9.16 [3]; 2016 No 46, Sch 4.4 [20]; 2021 No 10, Sch 1.1[19].

Information notice

33 Information notice

(1) On the registration of a dealing, the Registrar-General may issue to the person who lodged the dealing a notice, in the form approved by the Registrar-General, that notes the registration of the dealing.

(2) A notice issued under this section is an information notice only.

(3) A notice issued under this section—

(a) does not confer or affect any interest, however described, in the land the subject of the dealing, and

(b) cannot be used as, or in substitute for—

(i) a computer folio certificate, or

(ii) a document under the Conveyancing Act 1919.

s 33: Subst 1970 No 23, sec 10 (c). Am 1976 No 96, Sch 7 (3) (4). Subst 1979 No 164, Sch 10 (3). Am 1986 No 71, Sch 1 (5); 1987 No 280, Sch 1 (2); 2015 No 23, Sch 1.6 [1] [2]. Subst 2021 No 10, Sch 1.1[20]. Am 2025 No 50, Sch 4[10].

33AAA

33AAA–33AB (Repealed)

33A

Assumption as to authority

33A Assumption as to authority

The Registrar-General may assume, and is deemed always to have been entitled to assume, that a person who lodges with the Registrar-General any dealing or other document has authority from all persons claiming under, or having an interest in, the dealing or other document to—

(a) lodge it with the Registrar-General, and

(b) uplift it and have it corrected and amended before it is registered or recorded, and

(c) withdraw it from registration or recording, and

(d) substitute it with another dealing or document to the same effect, and

(e) receive requisitions, communications and notices about it, and

(f) take any other administrative steps required to ensure it is in registrable or recordable form.

s 33A: Ins 1970 No 23, sec 10 (c). Am 1979 No 26, Sch 1 (6); 1979 No 164, Sch 10 (4); 1980 No 193, Sch 1 (5); 1986 No 71, Sch 1 (6); 2016 No 46, Sch 4.4 [21]. Subst 2021 No 10, Sch 1.1[20].

34

34, 35 (Repealed)

Lodgment and registration of documents

36 Lodgment and registration of documents

(1) In this section—

caveat means a caveat referred to in section 74F.

memorandum has the same meaning as it has in section 80A (1).

(1A) When the Registrar-General accepts a dealing, memorandum, caveat or priority notice presented for lodgment, the Registrar-General shall allot thereto a distinctive reference.

(1B) A dealing, memorandum, caveat or priority notice is lodged, within the meaning of this Act, only when the Registrar-General has, under subsection (1A), allotted thereto a distinctive reference.

(1C) The Registrar-General may refuse to accept a dealing, memorandum, caveat or priority notice presented for lodgment if it does not comply with any requirement made, with respect to the dealing, memorandum, caveat or priority notice, by or under this or any other Act.

(1D) Without affecting the generality of subsection (1C), the Registrar-General may refuse to accept a dealing, caveat or priority notice presented for lodgment—

(a) that does not recite the distinctive reference allotted under this Act to the folio of the Register or to the registered dealing intended to be affected by the dealing, caveat or priority notice,

(b) unless the regulations or conveyancing rules otherwise provide, that is not attested by a witness who is not a party to the dealing, caveat or priority notice, or

(c) that is not lodged in a manner approved for the time being by the Registrar-General.

(1E) If the Registrar-General has grounds for believing that a dealing, caveat or priority notice has not been duly executed or attested, the Registrar-General may require the execution or attestation to be proved in such manner as the Registrar-General thinks fit.

(1F) If a dealing, memorandum, caveat or priority notice is lodged, any other document that supports the lodgment of the dealing, memorandum, caveat or notice is not invalidated only because it has been executed electronically.

(2) Where a plan referred to in subsection (3), or a dealing, caveat or priority notice, presented for lodgment purports to have been executed under a power of attorney, the Registrar-General may refuse—

(a) to accept it for lodgment, or

(b) to make any recording or entry in the Register or take any other action in respect of it,

unless the power of attorney has been registered as provided for by the Powers of Attorney Act 2003.

(3) Where a plan intended to be registered pursuant to the provisions of the Strata Schemes Development Act 2015 or a dealing, caveat, priority notice or other document purports to have been signed or otherwise executed under a power of attorney or under any other power or authority, whether statutory or not, the Registrar-General may assume that the plan, dealing, caveat, priority notice or other document was so signed or otherwise executed and that there was sufficient power or authority for its being signed or otherwise executed.

(4) Where two or more dealings which affect the same land have been lodged and are awaiting registration, the Registrar-General may register those dealings in the order which will give effect to the intentions of the parties as expressed in, or apparent to the Registrar-General from, the dealings.

(5) Subject to section 12A, where the intentions of the parties to dealings referred to in subsection (4) appear to the Registrar-General to conflict, the order of registration shall be the order in which the dealings were lodged in registrable form.

(6) A dealing that has been presented to the Registrar-General is lodged in registrable form only if it—

(a) is in the approved form, and

(b) does not require correction or amendment, other than a correction made by the Registrar-General under section 39(3).

(6AA) A caveat that is lodged with the Registrar-General and is subsequently uplifted is ineffective to prohibit the recording or registration of any dealing or delimitation plan, or the granting of any application, the recording, registration or granting of which is prohibited by the caveat, until the caveat is relodged with the Registrar-General.

(6A) A dealing is registered when the Registrar-General has made such recording in the Register with respect to the dealing as the Registrar-General thinks fit.

(7) Where two or more dealings that affect the same land have been lodged and are awaiting registration the Registrar-General may, if the Registrar-General thinks fit, register those dealings by making one or more recordings in such part or parts of the Register as the Registrar-General considers appropriate.

(8) Dealings registered under subsection (7) shall be deemed to have been duly registered notwithstanding any requirement in this Act that dealings be executed by a registered proprietor and, for the purposes of Part 4A or 14, upon registration of such a dealing a person expressed therein to take an estate or interest in land under the provisions of this Act shall be deemed to have become registered as proprietor of that estate or interest according to the tenor of the dealing.

(9) Dealings registered with respect to, or affecting the same estate or interest shall, notwithstanding any notice (whether express, implied or constructive), be entitled in priority the one over the other according to the order of registration thereof and not according to the dates of the dealings.

(10) (Repealed)

(11) Upon registration, a dealing shall have the effect of a deed duly executed by the parties who signed it.

(12) If the Registrar-General refuses to register a dealing executed or lodged in electronic form and the parties to the dealing wish to proceed with the registration, the parties are to lodge the dealing in a form decided by the Registrar-General.

s 36: Subst 1970 No 23, sec 10 (e). Am 1976 No 96, Sch 7 (5) (6); 1979 No 164, Sch 10 (5); 1981 No 59, Sch 1 (2); 1984 No 25, Sch 2 (10); 1986 No 167, Sch 2 (7); 1986 No 220, Sch 1; 1987 No 280, Sch 1 (3); 1991 No 27, Sch 1; 1996 No 139, Sch 2.26 [5] (am 1997 No 55, Sch 2.18 [1] [2]); 1997 No 95, Sch 1 [2]; 2003 No 40, Sch 1.43 [1] [2]; 2006 No 120, Sch 1.24 [1] [2]; 2014 No 7, Sch 1 [10]; 2015 No 23, Sch 1.5 [3] [4]; 2015 No 51, Sch 9.16 [4]; 2016 No 46, Sch 4.4 [22]; 2018 No 75, Sch 2 [6]; 2021 No 10, Sch 1.1[21]–[23].

36A

Notification of permits, licences and permissive occupancies affecting Crown land

36A Notification of permits, licences and permissive occupancies affecting Crown land

(1) In this section—

continued permissive occupancy means a continued permissive occupancy within the meaning of Schedule 1 to the Crown Land Management Act 2016.

enclosure permit means an enclosure permit under the Crown Land Management Act 2016 to enclose a road or watercourse or part of a road or watercourse.

licence means a licence under the Crown Land Management Act 2016 authorising the use or occupation of Crown land.

(2) The Registrar-General may record a note in a folio of the Register to indicate that land has the benefit of an enclosure permit, licence or continued permissive occupancy and may alter or remove any such note.

(3) The Registrar-General is not liable if such a recording—

(a) could be made, but is not made, or

(b) is made or retained, but should not have been made or retained, or is incomplete or inaccurate.

s 36A: Ins 2005 No 68, Sch 1 [4]. Am 2017 No 17, Sch 4.82 [8] [9].

Transactions effecting the subdivision of land

37 Transactions effecting the subdivision of land

(1) The Registrar-General—

(a) may refuse to accept a dealing or instrument for registration in the Register, or

(b) may refuse to register a dealing or instrument in the Register, or

(c) may reject a dealing or instrument lodged for registration in the Register,

if the dealing or instrument purports to give effect to a transaction that contravenes section 23F of the Conveyancing Act 1919.

(2) The Registrar-General may refuse to create a folio of the Register for any land if the land does not comprise one or more existing lots in a current plan within the meaning of the Conveyancing Act 1919.

s 37: Am 1956 No 12, sec 2 (c). Rep 1970 No 23, sec 10 (f). Ins 1997 No 152, Sch 4.32 [1]. Am 2021 No 10, Sch 1.1[24].

38

38 (Repealed)

More sections below

Source text: opening excerpt

Sourced from legislation.nsw.gov.au, CC BY 4.0.

Part 1A Preliminary

pt 1A, hdg: Ins 1979 No 164, Sch 1 (1).

1 Name of Act

This Act may be cited as the Real Property Act 1900.

s 1: Am 1932 No 65, sec 4 (1) (e); 1937 No 35, Second Sch; 1967 No 9, sec 2 (a); 1970 No 23, sec 2 (a); 1976 No 96, Schs 1 (1) (2), 12 (1); 1979 No 26, Sch 1 (1); 1979 No 164, Sch 1 (2); 1980 No 193, Sch 1 (1); 1981 No 59, Sch 1 (1); 1984 No 25, Sch 2 (1). Subst 1986 No 167, Sch 2 (1).

2 Repeal of Acts

(1) The Acts mentioned in Schedule 1, to the extent therein expressed, are hereby repealed, and all lands, estates, and interests which at the commencement of this Act are subject to the provisions of the Acts so repealed shall be subject to the provisions of this Act.

(2) All rules, forms, and orders made under the provisions of any Act hereby repealed and in force at the commencement of this Act shall be deemed to have been made under the corresponding provisions of this Act.

(3) All applications duly made, registrations duly effected, proceedings duly commenced or had, and acts or things duly done under the Acts hereby repealed shall be deemed to have been duly made, effected, commenced, had, or done respectively under the corresponding provisions of this Act, but at the date on which the same were in fact made, effected, commenced, had, or done.

(4) All laws, statutes, Acts, ordinances, rules, regulations, and practice whatsoever relating to freehold and other interests in land operative on the first day of January one thousand eight hundred and sixty-three are, so far as inconsistent with the provisions of this Act, hereby repealed so far as regards their application to land under the provisions of this Act, or the bringing of land under the operation of this Act.

(5), (6) (Repealed)

s 2: Am 1970 No 23, sec 2 (b); 1980 No 193, Sch 1 (2).

3 Definitions

(1) In the construction and for the purposes of this Act, and in all instruments purporting to be made or executed thereunder (if not inconsistent with the context and subject matter)—