Land Services Group
Statutes Amendment (Real Property)
Act 2008
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Land Services Group
OBJECTIVES
Statutes Amendment (Real Property) Act 2008
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•
Changes to Acts and related Regulations
•
Affect on documentation and procedures
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Changes to advertising requirements for SC’s
Land Services Group
STATUTES AMENDMENT (REAL PROPERTY) ACT 2008
Amends the:
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Bills of Sale Act 1886
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Community Titles Act 1996 (CTA)
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Real Property Act 1886 (RPA)
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Strata Titles Act 1988 (STA)
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Stock Mortgages and Wool Liens Act 1924
Land Services Group
BILLS OF SALE, STOCK MORTGAGES
AND WOOL LIENS
Bills Of Sale Act 1886 and Stock Mortgages and Wool Liens Act 1924
• Allow for standard terms and conditions
• No prescribed form
Bills of Sale Regulations
• Regulations under the Bills of Sale Act to be combined
• Provides for fees to be paid for Standard Terms and Conditions
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Land Services Group
AMENDMENTS COMMON TO RPA, CTA AND STA
•
Replaces “licensed land broker” with “registered conveyancer”
•
Removes requirement for Registrar-General to endorse on duplicate
instruments –
– Duplicate instruments no longer required to be produced
– If two or more documents dealing with the same estate are lodged at
same time, documents referred for correction
– Documents lodged prior to the introduction of the legislation will need to
produce the duplicate instrument or lodge an application to dispense.
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Land Services Group
AMENDMENTS COMMON TO RPA, CTA AND STA
Reduction in the appurtenance of an easement by division plan
without the consent of the owner and those with an interest in
the servient land
Applies
•
•
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Plans of division lodged under Part 19AB of the RPA
Plans of community division and amendment under the CTA
Amendment of a Strata Plan under the STA
Mandatory
•
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Must remain appurtenant to other dominant land
Land Services Group
AMENDMENTS COMMON TO RPA, CTA AND STA
Documentation requirements
Reference to reduction in appurtenance included:
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In Details of Transactions, if applicant’s interest affected
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In consent form’s Statement of Effect panel, if consenting parties
interest affected
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As part of the execution by the Strata Corporation, where the
common property is affected and the application is panel form A7
Land Services Group
EXAMPLE
CT Volume 6888 Folio 6
CARMEL ROAD
DP 782
CP
20378
6
7
CARMEL ROAD
CT Volume 6999 Folio 20 (Dominant title)
6
CP
20378
7
C
8
5
8
CARMEL
ROAD
CT Volume 6111 Folio 5 (Servient title)
C
5
8
Title details
Land description
CT Easement clause
Registered Proprietor
Endorsement
Title details
Land description
CT Easement clause
Together with a right
9865231)
Registered Proprietor
Endorsement
Allotment 6 in DP 5678
NIL
Carmel Brown
NIL
Allotment 7 in DP 5678
of way over the land marked C (TG
Title details
Land description
CT Easement clause
Subject to a right of
9865231)
Registered Proprietor
Endorsement
Ron Smith
M 12389234A
Allotment 5 in DP 5678
way over the land marked C (TG
Tania Jones
NIL
Land Services Group
EXAMPLE
PLAN
ROAD
DP 782
PLAN OUTCOMES
21
6
CT Boundary
CARMEL
22
7
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•
CP
20378
CT 6888/6 and CT 6999/20 divided into Allotments 21, 22 and 23
Existing right of way (TG 9865231) to be extinguished as
appurtenant to Allotment 22
23
C
DP 5678
EASEMENT DETAILS:
STATUS
LAND
BURDENED
EXISTING
CATEGORY
IDENTIFIER
5 IN D5678 LONG
RIGHT(S) OF WAY
EXTINGUISHMENT 5 IN D5678 LONG
RIGHT(S) OF WAY
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FORM
PURPOSE
IN FAVOUR OF
CREATION
C
23
TG 9865231
C
7 IN DP 5678 NOW
CONTAINED IN 22
TG 9865231
Land Services Group
Description in panel form
Details of Transactions
DETAILS OF TRANSACTION(S) (Applicants only)
CONSIDERATION /
Extinguishment of right of way (TG 9865231) as appurtenant to Allotment 22
Registered interest consent – dom inant land
STATEMENT OF EFFECT ON ESTATES OR INTERESTS OF CONSENTING PARTIES
ESTATE / INTEREST
AFFECTED
EFFECT ON ESTATE OR INTEREST HELD OR CLAIMED
M 12389234A
Extinguishment of right of way (TG 9865231) as appurtenant to
Allotment 22
Discharged as regards Allotment 22
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CONSIDERATION /
Land Services Group
AMENDMENTS COMMON TO RPA, CTA AND STA
Adjustment of Statutory Encumbrances as part of a division plan
Statutory Encumbrances
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Defined in CTA, RPA and STA
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Holder of statutory encumbrance defined in CTA, RPA and STA
Adjustment
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Extend or diminish extent by variation or termination
Applies
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Plan of division lodged under Part 19AB of the RPA
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Plan of community division or amendment thereof
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Amendment of a strata plan
Land Services Group
AMENDMENTS COMMON TO RPA, CTA AND STA
Documentation requirements
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Holder of encumbrance to complete consent form
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If to be varied or extinguished, consent form to include:
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-
Reference to variation or termination in Statement of Effect panel
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Holder certify complying with requirements for variation or
termination under relevant Act, as part of consent or on B1
Annexure
Roads and Reserves will be subject to encumbrance unless
varied or terminated
Land Services Group
AMENDMENTS COMMON TO RPA, CTA AND STA
Statement of Effect panel
STATEMENT OF EFFECT ON ESTATES OR INTERESTS OF CONSENTING PARTIES
ESTATE / INTEREST
AFFECTED
EFFECT ON ESTATE OR INTEREST HELD OR
CLAIMED
AG 10234561 Rescinded over Allotment 23 (Public
Road)
CONSIDERATION / VALUE
NIL
Holder’s certification
I Dev Lope of 20 North Terrace Adelaide SA 5000 certify that the requirements of
section 57 of the Development Act 1993 to rescind Agreement 10234561 have
been complied with.
D Lope
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Land Services Group
AMENDMENTS COMMON TO RPA, CTA AND STA
Statement of Effect panel
STATEMENT OF EFFECT ON ESTATES OR INTERESTS OF CONSENTING PARTIES
EFFECT ON ESTATE OR INTEREST HELD OR
CLAIMED
ESTATE / INTEREST
AFFECTED
AH 9204598
Varied to be over the whole of Lot 36
CONSIDERATION / VALUE
NIL
Holder’s certification
I Harold Times of 91 Grenfell Street Adelaide SA 5000 certify that the requirements
of section 23(3) of the Native Vegetation Act 1991 to vary Agreement 9204598
have been complied with.
H Times
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Land Services Group
AMENDMENTS COMMON TO RPA, CTA AND STA
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DAC certificate no longer required to be produced with a plan,
but must be current when the plan and application lodged
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Specific Plan requirements removed from Acts and Regulations
– Regulations now require all plans to be in accordance with
Registrar-General requirements. Currently set out in “Plan
Presentation Guidelines” (PPG)
•
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Regulations amended to allow notifications of deposit of plans
to be sent electronically
Land Services Group
AMENDMENTS TO COMMUNITY TITLES ACT 1996
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Development Contracts required where development “is to” or “is
likely to” occur
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Lot Entitlement sheet no longer part of plan, is “annexed to” plan
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Lease over Common Property not automatically extinguished on
deposit or amendment of a Community Plan
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Scheme Description, By-laws and Development Contract or their
variation/amendment (LF documents), required to be certified as
being prepared in accordance with Act
– Form 10 Community Titles Regulations 1996
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Land Services Group
AMENDMENTS TO COMMUNITY TITLES ACT 1996
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Certifying party must be either person preparing document or
Officer of Corporation
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Liability for certification by Officer of Corporation attaches to
Corporation, providing officer acts in good faith
•
RPA amended to include penalty provisions for incorrect
certification under CTA
Land Services Group
AMENDMENTS TO COMMUNITY TITLES ACT 1996
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Provides Lot owners, subject to certain restrictions, the ability to
apply for amendment of a Community Plan
– No change to extent of common property or community parcel
– No change to number of community lots
– No change to aggregate of lot entitlements for lots amended
– Not contrary to any LF documents for scheme and for prior tiers
– Must notify Community Corporation of application
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Land Services Group
AMENDMENTS TO COMMUNITY TITLES ACT 1996
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Modified to provide for application to be made by:
- Community Corporation
- Two or more lot owners
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Certifying party now includes applicants, where the lot owners
are individuals (This does not include a company)
Land Services Group
AP3 FORM
Insert name of Applicant(s)
Cross through if no
change to Schedule of Lot
Entitlements
Cross through
inapplicable option
Land Services Group
AP3 CONSENT FORM
Insert full name and address of
consenting party
Insert nature of estate or interest
held by consenting party
Insert:
• Estate or Interest Affected
• Effect on estate or interest
• Consideration
Cross through
inapplicable option
Execution by
consenting party
Land Services Group
AMENDMENTS TO COMMUNITY TITLES ACT 1996
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Applications to Magistrates Court to resolve disputes, etc. and to
make orders
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Section 145A added – Registrar-General can rely on any
certifications provided under CTA
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Section 151A added – Certification by an officer of the
corporation attaches liability to corporation provided acted in
good faith
Land Services Group
AMENDMENT TO COMMUNITY TITLE REGULATIONS
Schedule 1
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Form 1 (Certificate by Surveyor) amended to delete
reference to “…to a scale prescribed by regulation”
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Form 6 (Variation of Development Contract) amended to
refer to the CTA
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Form 7 (Termination of Development Contract) has been
amended to reflect requirements of the act
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Form 10 inserted as the required certification for scheme
description, by-laws, development contract and their
variation or amendment
Land Services Group
AMENDMENTS TO REAL PROPERTY ACT 1886
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Interpretation clause amended to include definition of “allotment”
•
Register dealings in order intended, without the requirement for
temporary withdrawal of documents
– Lodged in series at same time
– Obviously out of order
– Any doubt, documents referred for correction for lodging parties to
take appropriate action eg. Temporary withdrawal
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Land Services Group
AMENDMENTS TO REAL PROPERTY ACT 1886
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May issue new certificates of title rather than amending
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Creation of easement by reservation
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Extend or reduce a mortgage or encumbrance by consent when
granting an easement
– Panel form TG to be used
– Consent form included as part of TG form
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Land Services Group
TG CONSENT – DISCHARGE
Page 3 of 4
CONSENT TO THE GRANT OF AN EASEMENT
CONSENTING PARTY (Full Name and Address)
HAROLD TIMES and WYNSTEN TIMES both of 25 Pirie Street Adelaide SA 5000
NATURE OF ESTATE OR INTEREST HELD
Estate as Mortgagee by virtue of Mortgage 8923456A
I/We the consenting party consent to the
8923456A
(1)*
discharge of *Encumbrance / *Mortgage ………………………………… over the easement being granted
pursuant to Section 144 of the Real Property Act 1886.
(2)*
granting of the easement subject to *Encumbrance / *Mortgage ………………………………… pursuant to
Section 90F of the Real Property Act 1886.
* Delete the inapplicable
CERTIFICATION under Section 79 (6) of the Stamp Duties Act 1923
The highest amount secured during the currency of Mortgage
and the Mortgage has been duly stamped.
8923456A
18 July 2009
DATED
EXECUTION BY CONSENTING PARTY
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was $
500,000.00
Discharge M 8923456A
over easement
Land Services Group
TG CONSENT - EXTENSION
Page 3 of 4
CONSENT TO THE GRANT OF AN EASEMENT
CONSENTING PARTY (Full Name and Address)
DOLLARS PTY. LTD. (ACN 001 002 005) of GPO Box 6389 Adelaide SA 5001
NATURE OF ESTATE OR INTEREST HELD
Estate as Encumbrancee by virtue of Encumbrance 10234567
I/We the consenting party consent to the
(1)*
discharge of *Encumbrance / *Mortgage ………………………………… over the easement being granted
pursuant to Section 144 of the Real Property Act 1886.
(2)*
granting of the easement subject to *Encumbrance / *Mortgage ………………………………… pursuant to
Section 90F of the Real Property Act 1886.
10234567
* Delete the inapplicable
CERTIFICATION under Section 79 (6) of the Stamp Duties Act 1923
The highest amount secured during the currency of Mortgage
and the Mortgage has been duly stamped.
18 July 2009
DATED
EXECUTION BY CONSENTING PARTY
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was $
Extending E 10234567
over easement
Land Services Group
AMENDMENTS TO REAL PROPERTY ACT 1886
• Ability for Registrar-General to vest land without
application, if vesting occurs by an Act
• Standard terms and conditions for Encumbrances
– New panel form M4, with prefix of TC
– Encumbrance panel form M2 modified to provide for
conditions to be set out in TC or in document
• Use of term “with no survivorship” expanded
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Land Services Group
AMENDMENTS TO REAL PROPERTY ACT 1886
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Meaning of “contiguity” clarified to include part allotments
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Restriction on what can be transferred clarified to include more
than one part allotment
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Section 232 amended to take in other certifications such as those
under CTA
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New short form easements
- Telecommunication signals (underground and overhead)
- For support
- To park a vehicle
- Right of way on foot
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Land Services Group
AMENDMENTS TO REAL PROPERTY ACT 1886
Repeal of :
• Division 4A of Part 19AB - amalgamation units no
longer available
• Section 200 - court action for ejectment covered by
other Acts
• Section 220(k) – application to dispense with production
of duplicate instrument, no longer required
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Land Services Group
AMENDMENT TO REAL PROPERTY REGULATIONS
Real Property Regulations 2009
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Combines all RPA Regulations into one
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Removal of reference to application to dispense with
production of duplicate instruments, as no longer required
to be produced
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Plan requirements removed
– Plans to be prepared in accordance with PPG
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Fees changed to make it clear that a print of a community
or strata plan includes the lot/unit entitlement sheet
Land Services Group
AMENDMENTS TO STRATA TITLES ACT 1988
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Unit entitlement sheet no longer part of plan, is “annexed to” plan
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Removes ability to lodge new strata plans, including existing
schemes
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Application to Magistrates Court to resolve disputes and for orders to
be made
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Land Services Group
AMENDMENT TO STRATA TITLE REGULATIONS
Strata Titles Regulations
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Plans prepared in accordance with PPG
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Schedule 1, Certificate by Surveyor for deposit of a plan
has been deleted
Strata Titles (Fees) Regulations
•
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Fees for new Strata Plans removed
Land Services Group
PANEL FORMS
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Consent Form 1, Form 2 and Form 3 no longer to be used
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Additional consent form print from panel form
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The following documents in LTO Forms Online will only be available as
static forms:
– All land division applications including amendment, amalgamation and
cancellation of plans
– Applications to amend schedule of lot or unit entitlements
– Grant of easement
– Application to extinguish or vary an easement
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Land Services Group
SCHEDULE OF LOT AND UNIT ENTITLEMENTS
Lodgement
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Lodged as an attachment to application
Format
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Similar format for Lot and Unit entitlements
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Required format and guidance notes on LSG Internet site
Panel forms
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•
Applications and consent forms, wording modified to provide for
Schedule annexed to plan
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New Panel form and consent forms
Land Services Group
NO CHANGE TO LOT OR UNIT ENTITLEMENTS
Amending Plan with no change to entitlements
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Inapplicable part of application and consent form crossed
through
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Application must be accompanied by prescribed certification
from Land Valuer set out in Community Titles Regulations
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Application must be accompanied by certification from Land
Valuer as set out in Notice to Lodging Parties No. 158
Land Services Group
ADVERTISING REQUIREMENTS FOR SC’S
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Generally not required - where first mortgagee Authorised Deposittaking Institution (ADI) and lost “in house”
– Statutory declaration amended to refer to ADI losing CT or CL in their
possession
– Exception - where CT or CL passed to a third party eg. ADI and secures
loan by on-selling and forwards CT or CL as security
•
•
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If CT or CL lost interstate it only needs to be advertised in the State or
Territory in which it was lost
All other circumstances advertising required as per Notice to Lodging
Parties No. 98
Land Services Group
Available information
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Statutes Amendment (Real Property) Act 2008 and
amendments to Regulations
– http://www.legislation.sa.gov.au/index.aspx
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Presentation, Notice to Lodging Parties, amended
forms and new guidance notes
– http://www.landservices.sa.gov.au/
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