NSWIn ForceAct
Real Property Act 1900
105DCancellation of recording of writ
Start here
Get a plain-English read of 105D
Turn the raw legal text into a practical explanation grounded in Real Property Act 1900.
#### 105D Cancellation of recording of writ
105D Cancellation of recording of writ
> > (1) The Registrar-General may cancel a recording in the Register of a writ if application for the cancellation of the recording is made in the approved form and—
> >
> > > (a) the application incorporates or is accompanied by—
> > >
> > > > (i) a withdrawal of the writ signed by the judgment creditor, and
> > >
> > > > (ii) a statutory declaration or, if the application is lodged electronically, other evidence verified in a way approved by the Registrar-General, that satisfies the Registrar-General that the writ has not been executed by sale of the land to which the application relates,
> >
> > > (b) (Repealed)
> >
> > > (c) the application incorporates or is accompanied by evidence that satisfies the Registrar-General that the writ has been satisfied otherwise than by sale of the land to which the application relates, or
> >
> > > (d) the writ has lapsed and the application is supported by such evidence as the Registrar-General may require.
>
> > (2) The Registrar-General, on his or her own motion or on an application made in the approved form, may cancel a recording in the Register of a writ in relation to any land, or any estate or interest in land, if—
> >
> > > (a) the Registrar-General registers a transfer of the land, estate or interest pursuant to a sale under the writ, as referred to in section 105B (1), or
> >
> > > (b) the writ lapses in respect of that land, estate or interest, as referred to in section 105C, or
> >
> > > (c) the writ expires.
>
> **s 105D:** Ins 1976 No 96, Sch 10 (6). Am 2005 No 28, Sch 5.40 \[17\]–\[20\]; 2018 No 75, Sch 2 \[15\]; 2021 No 10, Sch 1.2\[8\].