New South Wales Consolidated Acts

REAL PROPERTY ACT 1900 - SECT 36

36 Lodgment and registration of documents

(1) In this section--

"caveat" means a caveat referred to in section 74F.

"memorandum" has the same meaning as it has in section 80A (1).

(1A) When the Registrar-General accepts a dealing, memorandum, caveat or priority notice presented for lodgment, the Registrar-General shall allot thereto a distinctive reference.

(1B) A dealing, memorandum, caveat or priority notice is lodged, within the meaning of this Act, only when the Registrar-General has, under subsection (1A), allotted thereto a distinctive reference.

(1C) The Registrar-General may refuse to accept a dealing, memorandum, caveat or priority notice presented for lodgment if it does not comply with any requirement made, with respect to the dealing, memorandum, caveat or priority notice, by or under this or any other Act.

(1D) Without affecting the generality of subsection (1C), the Registrar-General may refuse to accept a dealing, caveat or priority notice presented for lodgment--

(a) that does not recite the distinctive reference allotted under this Act to the folio of the Register or to the registered dealing intended to be affected by the dealing, caveat or priority notice,

(b) unless the regulations or conveyancing rules otherwise provide, that is not attested by a witness who is not a party to the dealing, caveat or priority notice, or

(c) that is not lodged in a manner approved for the time being by the Registrar-General.

(1E) If the Registrar-General has grounds for believing that a dealing, caveat or priority notice has not been duly executed or attested, the Registrar-General may require the execution or attestation to be proved in such manner as the Registrar-General thinks fit.

(1F) If a dealing, memorandum, caveat or priority notice is lodged, any other document that supports the lodgment of the dealing, memorandum, caveat or notice is not invalidated only because it has been executed electronically.

(2) Where a plan referred to in subsection (3), or a dealing, caveat or priority notice, presented for lodgment purports to have been executed under a power of attorney, the Registrar-General may refuse--

(a) to accept it for lodgment, or

(b) to make any recording or entry in the Register or take any other action in respect of it,

unless the power of attorney has been registered as provided for by the Powers of Attorney Act 2003 .

(3) Where a plan intended to be registered pursuant to the provisions of the Strata Schemes Development Act 2015 or a dealing, caveat, priority notice or other document purports to have been signed or otherwise executed under a power of attorney or under any other power or authority, whether statutory or not, the Registrar-General may assume that the plan, dealing, caveat, priority notice or other document was so signed or otherwise executed and that there was sufficient power or authority for its being signed or otherwise executed.

(4) Where two or more dealings which affect the same land have been lodged and are awaiting registration, the Registrar-General may register those dealings in the order which will give effect to the intentions of the parties as expressed in, or apparent to the Registrar-General from, the dealings.

(5) Subject to section 12A, where the intentions of the parties to dealings referred to in subsection (4) appear to the Registrar-General to conflict, the order of registration shall be the order in which the dealings were lodged in registrable form.

(6) A dealing that has been presented to the Registrar-General is lodged in registrable form only if it--

(a) is in the approved form, and

(b) does not require correction or amendment, other than a correction made by the Registrar-General under section 39(3).

(6AA) A caveat that is lodged with the Registrar-General and is subsequently uplifted is ineffective to prohibit the recording or registration of any dealing or delimitation plan, or the granting of any application, the recording, registration or granting of which is prohibited by the caveat, until the caveat is relodged with the Registrar-General.

(6A) A dealing is registered when the Registrar-General has made such recording in the Register with respect to the dealing as the Registrar-General thinks fit.

(7) Where two or more dealings that affect the same land have been lodged and are awaiting registration the Registrar-General may, if the Registrar-General thinks fit, register those dealings by making one or more recordings in such part or parts of the Register as the Registrar-General considers appropriate.

(8) Dealings registered under subsection (7) shall be deemed to have been duly registered notwithstanding any requirement in this Act that dealings be executed by a registered proprietor and, for the purposes of Part 4A or 14, upon registration of such a dealing a person expressed therein to take an estate or interest in land under the provisions of this Act shall be deemed to have become registered as proprietor of that estate or interest according to the tenor of the dealing.

(9) Dealings registered with respect to, or affecting the same estate or interest shall, notwithstanding any notice (whether express, implied or constructive), be entitled in priority the one over the other according to the order of registration thereof and not according to the dates of the dealings.

(11) Upon registration, a dealing shall have the effect of a deed duly executed by the parties who signed it.

(12) If the Registrar-General refuses to register a dealing executed or lodged in electronic form and the parties to the dealing wish to proceed with the registration, the parties are to lodge the dealing in a form decided by the Registrar-General.