Authority Updates - South Australia - November 2016

SALIIS Transition period ending 4 November

The Transition Period, which was established under the Real Property Regulations 2009, will cease on Friday 4 November 2016.

LTO Forms

After 4 November 2016, dealings lodged into the Lands Titles Office (LTO) must be in the new format and comply with the new conveyancing requirements.

Dealings executed on or before 4 November 2016, will continue to be accepted for registration after 4 November 2016.

The LTO Forms Online application, will be decommissioned after 4 November 2016.

Mortgages and Discharges

Discharge of Mortgage dealings will continue to be accepted in the old format up to and including Monday 3 July 2017 (extended transition period).

Where old format Mortgage and Discharge of Mortgage dealings are used during this extended transition period, signing “Certified correct for the purposes of the Real Property Act 1886” will be taken by the Registrar-General to represent that the certifier has complied with the new legislative requirements relating to:

  • Verification of Identity;
  • Verification of Authority;
  • Client Authorisation;
  • Evidence retention; and
  • Holding a Mortgage granted by the Mortgagor on the same terms (if applicable).

Mortgagees are reminded that after 4 November 2016, Mortgagors will not be able to certify Discharge of Mortgage dealings - these will need to be certified by either the Mortgagee or their representative.

Stand-alone Discharge of Mortgage dealings will need to be lodged by the Mortgagee or their representative.

Retention of Evidence

The Real Property Act 1886 requires evidence showing an instrument has been lawfully executed
to be retained for a minimum period of 7 years.

With the exception of those evidentiary documents outlined in NTLP #189, evidence should be retained by the Practitioner certifying the instrument and no longer lodged with instruments at the
LTO.

3.1 Statutory Declarations
Where a Transferor is selling the entirety of their interest and they have changed their name, or their name has been registered incorrectly, a Stat Dec is no longer required to be lodged but rather retained by the certifying party for the prescribed
period.

An appropriate tie-up (example provided below) should be included in the Transferor Panel:
“[new or correct name] of [insert address] registered as [old or incorrect name] as a
consequence of [insert reason].” Reasons may include marriage, reverting to maiden name, incorporate name change, error in register etc.

New Titles Fee

Clients are reminded that when lodging instruments which requires a Certificate of Title(s) to be issued, the regulated “New Title Fee” is still applicable. New Titles are still issued, notwithstanding the removal of the Duplicate Certificate of Title. We recommend using the LTO Fee Calculator in determining fees.

Verification of Identity Requirements

After 4 November 2016, Verification of Identity Requirements Version 3 will be in force 

Community, Strata and Land Division Guides

To assist practitioners in the preparation of division and easement forms, the following preparation
notes have been updated to reflect the new conveyancing requirements and LTO Forms:

  • Division and easements applications under Part 19AB of the Real Property Act 188
  • Applications and amendment applications under the Community Titles Act 1996, and
  • Preparation of Form TG

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Disclaimer: The information herein has been prepared by SAI Global Property Division Pty Ltd ACN 089 586 872 from information released by the Authority cited on this page. It is provided as general background information only; it is not complete; and it does not comprehensively address this subject matter. Readers should not consider the information so provided as advice nor as a recommendation to take any particular course of action. Persons needing advice should consult their own solicitor, accountant or other professional adviser.