Who is Granting Deed?

The Keeper will not examine links in title when accepting a deed for registration. There is a question on the application form asking the applicant to confirm whether the granter of the deed is the last recorded/registered proprietor and advises that, by signing the application form, the applicant is certifying that the appropriate links in title exist and that the granter has legal right to grant the deed. It is appropriate for the Keeper to check whether the granter of the deed corresponds with the last recorded/registered proprietor, this is a fact the Keeper is aware of.

If there is any variance that is a matter which the applicant should have already considered and satisfied themselves that the appropriate documents exist to accept a deed granted in the contracted form; it is inappropriate for registration staff to replicate this work. Consequently the Keeper will accept the certification of the application form to proceed with registration, and rely on the applicant's duty of care not to have misrepresented the circumstances. Where a deed has been protected by advance notice, consideration must also be given to the effect of that action.

The following flowcharts help work through the considerative steps to decide whether dispositions or standard securities can be accepted for a registration when they are apparently not granted by the current proprietor.