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 or caveat presented for lodgment, the Registrar-General shall allot thereto a distinctive reference.

(1B) A dealing, memorandum or caveat 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 or caveat presented for lodgment if it does not comply with any requirement made, with respect to the dealing, memorandum or caveat, 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 or caveat 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 or caveat,

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

(2) Where a plan referred to in subsection (3), or a dealing or caveat, 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 (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 or a dealing, caveat 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 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) For the purposes of this section:

(a) a dealing that is lodged in registrable form and is subsequently uplifted shall be deemed not to be in registrable form until relodged in a manner approved for the time being by the Registrar-General and in registrable form,

(b) a dealing shall be deemed not to be in registrable form:

(i) if, notwithstanding anything done under section 39 (3), the dealing requires a material correction, alteration or addition,

(ii) unless the Registrar-General has authority to use, for the purpose of registering the dealing, the relevant certificate of title, or

(iii) unless the dealing is in the approved form, and

(c) notwithstanding that it may have been accepted for lodgment by the Registrar-General, a dealing that is not in registrable form shall, where it is not uplifted, be deemed not to have been lodged with the Registrar-General until it is in registrable form.

(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.

(10) Upon registration of a dealing the Registrar-General shall deliver any duplicate thereof to the person who, pursuant to section 33A, appears to the Registrar-General to be entitled thereto.

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