Parent Title, Registered Proprietor and Advance Notice Checks - TP Legal First Removal

Process Steps

4.1 View registered version of parent title sheet.

4.2 Check parent title title sheet for any existing exclusion of indemnity, limitation or exclusion of warranty or a caveat and check if it affects the TP. Consider necessary action.

4.3 Check if the granter of the deed under examination is the same as the last registered proprietor of the parent title. If the same then proceed to register as normal

4.3.1 If the granter of the deed under examination is not the last registered proprietor of the parent title check the answer to the question on the application form 'is the granter of the deed the last recorded/registered proprietor?'. If the answer on the form is 'no' and the deed under examination is a disposition check the answer to the question 'is the disposition to be treated as valid by virtue of s.43(1)(prescriptive claimants)'. If the answer is 'yes' the case should be recategorised and referred to a senior caseworker to be settled in accordance with the Prescriptive Claimant provisions.

4.3.2 If the answer to the question on the application form 'is the granter of the deed the last recorded/registered proprietor?' is 'no', and (for Dispositions only) the question 'is the disposition to be treated as valid by virtue of s.43(1)(prescriptive claimants)' has been answered 'no', check the declaration and the additional information sections of the application form to determine if the deed under examination is dependent on the registration of a related deed. If the deed is dependent on a related deed, follow the process for awaiting registration of the dependent deed. If no information provided proceed to register as normal. By signing the application form the agent is certifying the relevant links in title are in place and the granter has the legal right to grant the deed.

4.3.3 If the granter of the deed under examination is not the last registered proprietor of the parent title and the answer to the question on the application form 'is the granter of the deed the last recorded/registered proprietor?' is 'yes' refer to the appropriate Advance Notice decision tree and consider if the application must be rejected or if an Advance Notice is in operation.

4.3.4 If the application is to register a grant of lease or there is included an additional application to register a standalone deed of servitude refer to guidance on deeds that must be granted by registered/recorded proprietor.  

4.4 Identify if the application undergoing registration includes two or more standard securities submitted for registration on the same date and complete an application record search against the parent title to check for any deed(s) which affects the plot being registered that was registered on the same day or within 35 days of the date of registration of the deed(s) under examination. If no deeds were submitted for registration on the same date or within 35 days of the application undergoing registration, proceed to register as normal.

4.4.1 If another deed has been submitted for registration on the same date or within 35 days of the date of registration of the deed(s) under examination, which affects the plot being registered, check the parent title application record and identify whether an Advance Notice has been registered for the deed(s) under examination. If no Advance Notice exists, proceed to register as normal.

4.4.2 If an Advance Notice exists for the deed(s) under examination, refer to appropriate Advance Notice decision tree and consider the effect on registration.