The tables below contain the key points for the legal settler to consider, over and above the usual checks and updates required when registering a subsequent application over an existing registered title (for example, removing Mat Homes notes).
| Completing the property section for the new title | Revising the property section for the existing title |
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- Check the title update & first registration date fields are correct.
- Check the real right is correct for new title.
- Check the property description and hectarage of the new title are correct.
- Consider whether to carry over any exclusion notes or caveats.
- Ensure any extension of warranty note is included – e.g. for minerals title.
- Ensure any rights relating to the new title are carried over.
- Ensure any references to cadastral map are correct as per plans instructions.
- Ensure a schedule of separate tenements is added where required – e.g. referring to land title number.
- Ensure other appropriate schedules appear, e.g. schedules of lease, real burdens, removals, etc.
- Ensure any schedules are amended if necessary – as per plans instructions.
- Ensure any cross referencing/currency of cadastral unit notes are included where required – e.g. lease/plot title sheets.
- Ensure any notes relating to the new title are included/removed as appropriate, e.g. minerals, servitudes, cross refs for leases, etc.
| - Check the real right is correct for the existing title.
- Check the property description and hectarage of the existing title are correct.
- Ensure any rights remaining in the existing title are correct.
- Ensure any existing plans references are correct.
- Ensure any existing schedules are correct, e.g. schedules of lease, real burdens, removals, etc.
- Ensure any existing schedules are amended if necessary – as per plans instructions.
- Ensure any existing notes are retained or removed as appropriate, e.g. minerals, servitudes, cross refs for leases, etc.
- Ensure a schedule of separate tenements is added where appropriate – e.g. referring to minerals/salmon fishings title number.
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| Completing the proprietorship section for the new title | Revising the proprietorship section for the existing title |
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- Ensure the correct proprietorship information is included in new title – including designation, respective shares, destinations, etc.
- If the original title had more than one B section entry – ensure this is correctly reflected, or correctly split between new and existing titles – reg date, date of entry, consideration.
| - Ensure the existing proprietorship information is correct - including designation, respective shares, destinations, etc.
- If the original title had more than one B section entry – ensure existing entry/ies are correct - reg date, date of entry, consideration.
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| Completing the securities section for the new title | Revising the securities section for the existing title |
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- Determine whether any outstanding security entries affect both the new and/or existing titles – if they affect both add “over sitt and other subjects”.
- If there is an outstanding security over part of the original title, consider whether it affects the new or existing title, or both. Amend references to cadastral map if necessary.
- Ensure any notes re ranking or variation are included in new title where appropriate.
| - Ensure any existing outstanding security entries are correct.
- Ensure any existing security entries reflect correctly whether they are over part or whole of existing title – amend notes/ references to cadastral map if necessary.
- Ensure any existing notes re ranking or variation are correct.
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| Completing the burdens section for the new title | Revising the burdens section for the existing title |
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- Determine which burdens affect the new title.
- Clone entries where required to amend preambles, plans references, and footnotes as required.
- Ensure the correct D section notes are included where appropriate – TCA, 1974 Act leases.
- Ensure the appropriate title note is entered for any burdens deeds incorporated by reference – referring to app. no. under which deed originally archived.
| - Ensure existing burdens affect the existing title
- Clone entries where required to amend preambles, plans references, and footnotes as required.
- Ensure any existing D section notes are correct – TCA, 1974 Act leases.
- Check for any existing burdens deeds that are incorporated by reference – remove the title note if required.
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