10 Common Dealing errors and tips for subscribers
1. Transmission applications lodged pursuant to the incorrect capacity (e.g. beneficiaries vs executors)
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Tip: double check the capacity of the applicant prior to lodging the dealing to ensure the correct transmission application type is lodged. The Amendments team may require a Request Form 11R to amend the Register where the incorrect transmission application type has been lodged by a subscriber.
2. Transfers that do not include all existing registered proprietors, where the intention is for them to remain on title following registration of the Transfer.
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Tip: Ensure the transferees accurately reflect the intended final outcome of the transfer.
3. New leases lodged with a land and/or premises description that is the same as the description of a current registered lease
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Tip: always check the affected title(s) for existing lease descriptions that may impact the registration of your new lease.
4. Dealings recording new registered proprietors, where the party receiving is described as a trust (e.g. ...As Trustees for, the trustee of…)
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Tip: Ensure Trusts are not referred to in Dealings recording new registered proprietors. See s82 Real Property Act, 1900
5. Typographical errors in title references which leads to lodgment of a Dealing against the incorrect folio of the Register.
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Tip: Ensure title references entered into the ELNO workspace are correct to ensure your clients interests are noted on the Register from Dealing lodgment.
6. Title reference discrepancies occurring between a Mainstream, Residual dealing or Dealing with Exception (DwE) coversheet and an attached Paper Dealing form.
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Tip: Ensure title references entered into the ELNO workspace are correct to ensure your clients interests are noted on the Register from Dealing lodgment. Title references in Paper Dealings, where presented as a Dealing attachment to a DwE Dealing must match the title references. Do not attach a Paper Dealing to a Mainstrean or Residual Dealing.
7. Paper dealing forms attached to Mainstream or Residual dealings which display detail discrepancies with the electronic dealing.
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Tip: do not attach a paper dealing to Mainstream or Residual Dealings.
8. A transmission application lodged for a pre-deceased party where all registered proprietors are deceased.
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Tip: Where two or more registered proprietors hold as joint tenants and all are deceased, a transmission application affecting the last surviving proprietor (the youngest where all have died at the same time) may be lodged providing satisfactory evidence of the death of the other proprietors is referred to in the transmission application and retained as evidence.
9. Typographical errors made in transaction details prepared by subscribers which result in an inaccurate recording on the Register.
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Tip: Proof the Dealing for typographical errors prior to lodgment. A Request Form 11R dealing will be required where NSW LRS has registered a dealing as drawn by the subscriber.
10. Electronic Notice of Sale (eNOS) details not lodged or eNOS ID not provided on Paper Dealing forms that require NOS details.
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Tip: Refer to the Registrar General’s Guidelines prior to lodging a Paper Dealing to confirm if an eNOS is required for lodgment
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