Electronic dealings that require consent to be attached
Background
The removal of CoRD Holder consents does not change the requirement for third parties to provide their consent in certain instances before a dealing can be lodged for registration. This document is intended to be a quick reference guide for practitioners (and any other users of the eConveyancing system) as to the consents that are required for certain dealing types. Note that these consents are not new and have always applied, even when CoRD Holder consents existed.
The list below is limited to those dealings that are available for electronic lodgment (excluding via a Dealing with Exception). Also, consent from a caveator(s) are not dealt with below and are assumed to apply to all dealings. Please refer to the Registrar General’s Guidelines for a full and comprehensive guidance on all other requirements for each dealing.
Where consent is required, a suggested template (suitably modified) can be used by the consenter.
| Dealing | Comments |
|---|---|
Required | Where consent is required for registration at the NSW Land Registry Services, under the Real Property Act 1900. |
| Cancellation of Easement | The consent of any lessee, mortgagee or chargee of the dominant tenement. The creating instrument may include a third party whose consent is required to release the easement. |
| Partial Release of Restriction on the Use of Land | The consent of any lessee, mortgagee or chargee against whom the restriction is enforceable. |
| Release of Positive Covenant | The consent of any lessee, mortgagee or chargee against whom the positive covenant is enforceable. |
| Release of Restriction on the Use of Land | The consent of any lessee, mortgagee or chargee against whom the restriction is enforceable. |
| Surrender of Lease | The consent of any mortgagee, chargee or covenant chargee of the lease being surrendered. |
| Surrender of Lease by operation of Law | The consent of the mortgagee, chargee or covenant chargee of the lease being surrendered. |
| Transfer Creating a Forestry Right | The consent of all lessees is required to be attached together with the conditions and provisions. The Minister's consent is required where a Crown land restriction pursuant to section 5.13 Crown Land Management Act 2016 is noted on the Register. If there is an existing reference to section 102 of the now repealed Crown Lands Act 1989 then the Minister’s consent is still required. |
| Transfer Creating a Profit-a-Prendre | The consent of all lessees is required to be attached together with the conditions and provisions. The Minister's consent is required where a Crown land restriction pursuant to section 5.13 Crown Land Management Act 2016 is noted on the Register. If there is an existing reference to section 102 of the now repealed Crown Lands Act 1989 then the Minister’s consent is still required. |
| Transfer Granting Easement | The consent of any lessee or mortgagee affecting the servient tenement. The consent of the judgment creditor where there is a writ recorded on the title. Minister's consent is required where:
|
| Transfer Granting Easement in Gross | The consent of any lessee or mortgagee affecting the servient tenement. The consent of the judgment creditor where there is a writ recorded on the title. Minister's consent is required where:
|
| Transfer Granting Easement etc Over own Land | The consent of any mortgagee, lessee, chargee or covenant chargee affecting the dominant and/or servient tenement titles. The consent of the judgment creditor where there is a writ recorded on the title. Minister's consent is required where:
|
| Transfer of an Estate-in-Remainder | The consent of the judgment creditor where there is a writ recorded on the title. |
| Transfer by a Local Council | Minister's consent where a Crown land restriction on transfers is noted on the Register. |
| Transfer of a Timeshare | The consent of the judgment creditor where there is a writ recorded on the title. |
| Transfer Releasing Easement | The consent of any lessee, mortgagee or chargee against whom the easement is enforceable. The creating instrument may include a third party whose consent is required to release the easement. Minister’s consent is required where Crown land restrictions pursuant to section 102 Crown Lands Act 1989 are noted on the Register. |
| Variation of Restriction on the Use of Land | The consent of any lessee, mortgagee or chargee against whom the restriction is enforceable. |
| Variation of Positive Covenant | The consent of any lessee, mortgagee or chargee against whom the positive covenant is enforceable. |
| Variation of Lease (also refer to Optional below) | Consent of the mortgagee of a mortgage of the lease being varied, where the term of the lease is reduced, and/or the interest of the mortgagee is adversely affected by the variation. Consent of a sub-lessee of the lease being varied, is required where their interest is adversely affected. Minister's consent is required for a variation of the lease if it was initially required for the lease and the Crown land restriction still applies. |
| Variation of sub-lease | The consent of the lessor of a leasehold strata scheme (as defined in the Strata Schemes Development Act 2015), where the variation affects a leasehold strata scheme. The consent of the mortgagee of a mortgage of the sublease being varied, where the term of the lease is reduced, and/or the interest of the mortgagee is adversely affected by the variation. Minister's consent is required for a variation of the sublease if it was initially required for the sublease and the Crown land restriction still applies. |
Optional | Where consent is not required for registration but may be required to bind parties to the terms of the relevant legal document. For example, a mortgagee may require consent under the terms of a mortgage. |
| Conservation Agreement | The consent of any lessee, mortgagee, chargee or covenant chargee of a registered lease, mortgage, charge or covenant charge who agrees to be bound by the agreement. |
| Lease | Consent of mortgagee if the mortgagee agrees to be bound by the terms of the lease. |
| Positive Covenant (with Registered Interest Holder Consent) | Consent of any registered mortgagee, lessee or chargee who agrees to be bound by the terms of the positive covenant. (For a positive covenant where a registered interest holder does not agree to be bound by this restriction, see Positive Covenant dealing form.) |
| Restriction on the Use of Land (with Registered Interest Holder Consent) | Consent of any registered mortgagee, lessee or chargee who agrees to be bound by the terms of the restriction. (For a restriction where a registered interest holder does not agree to be bound by this restriction, see Restriction on the Use of Land dealing form.) |
| Restriction on the Use of Land by a Prescribed Authority (with Registered Interest Holder Consent) | Consent of any registered mortgagee, lessee or chargee who agrees to be bound by the terms of the restriction. (For a restriction where a registered interest holder does not agree to be bound by the terms of the restriction, use Restriction on the Use of Land by a Prescribed Authority form.) |
| Transfer of Lease | Consent of mortgagee if the mortgagee agrees to be bound by the terms of the lease. |
| Transfer including covenant | Consent of any registered mortgagee, lessee or chargee of the burdened title who agrees to be bound by the terms of the covenant. |
| Variation of Lease | Consent of the registered proprietor of any prior estate or interest recorded in a folio of the Register in respect of the land to which the lease relates, unless that proprietor has consented in writing to the variation before it is registered. |