Section 15 — (Repealed) — Real Property Regulation 2019 (New South Wales) — Barrister AI

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Section 15 — (Repealed) — Real Property Regulation 2019 (New South Wales) — Barrister AI

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reg 1Name of Regulation reg 2Commencement reg 3Definitions reg 4Application of other instruments reg 5Lodgment of dealings, caveats and priority notices reg 6Joint tenancy or tenancy in common to be stated reg 7Caveats—particulars of estate or interest claimed reg 8Caveats applying to part of land only—description of part reg 9Annexure of plans to dealings, caveats and priority notices reg 10Public searches—the Act, s 96A reg 11(Repealed)reg 12Fees payable to the Registrar-General reg 13Period for retention of documents: section 12AA (2) (b) and (c)reg 14Statement to accompany notice to NSW Trustee and Guardian of intention to apply for foreclosure order: section 61 (2A)reg 15(Repealed)reg 16Service of notices relating to lease where proprietor of lease is bankrupt: section 91 (2) and (5)reg 17Administrative review of decisions of Registrar-General: section 121 reg 18Settlement of claims: section 135 (3) (b)reg 19Savings reg 1Particulars of the nature of the estate or interest in land claimed by the caveator.reg 2The facts on which the claim is founded, including (if appropriate) a statement as to the manner in which the estate or interest claimed is derived from the registered proprietor of the estate or interest or the primary or possessory applicant against which the caveat is to operate.reg 3If the caveator’s claim is based (wholly or in part) on the terms of a written agreement or other instrument, particulars of the nature and date of that agreement or instrument and the parties to it.reg 4If the caveator claims as mortgagee, chargee or covenant chargee, a statement of the amount (if readily ascertainable) of the debt or other sum of money charged on the land (or, if the amount is not readily ascertainable, the nature of the debt, annuity, rent-charge or other charge secured on the land).reg 5If the caveator claims as lessee for a term or for a renewal or extension of a term, particulars of the duration of the term or renewed or extended term and its commencing date (and, if the agreement for the term, renewal or extension includes an option for the renewal or extension of the term or to purchase the reversion, a statement to the appropriate effect).reg 6If the caveator claims an easement, particulars of the land or authority that has or is intended to have the benefit of the easement.reg 7If the caveator claims a profit à prendre, particulars of the land or authority intended to have the benefit of the profit à prendre.reg 8If the caveator claims a right to the benefit of a restriction on the use of land, particulars of the land or authority intended to have the benefit of the restriction.reg 9If the caveator claims a right to the benefit of a positive covenant, particulars of the land or authority intended to have the benefit of the covenant.reg 10It is not necessary to specify—(a) whether the estate or interest claimed is legal or equitable, or(b) the quantum of the estate or interest claimed (except as provided in items 4 and 5), or(c) how the estate or interest claimed ranks in priority with other estates and interests in the land.reg 1Except where item 2, 3 or 5 applies, the description of the part must refer to the part—(a) as a lot or portion in a current plan within the meaning of the Conveyancing Act 1919, or(b) as a proposed lot in a plan lodged for registration or recording—(i) under Division 3 of Part 23 of the Conveyancing Act 1919, or(ii) under the Strata Schemes Development Act 2015,but only if the plan has not been so registered or recorded at the time of lodgment of the caveat, or(c) if the Registrar-General so approves, as the land shown in a plan annexed to or endorsed on the caveat, which plan must contain sufficient information to establish, to the satisfaction of the Registrar-General, the relationship of the plan to the boundaries of the land comprised in the folio of the Register or the current lease to which the caveat relates.reg 2If the claim of the caveator is in respect of—(a) premises within an existing building, or(b) a proposed lot in a proposed strata plan or other proposed plan of subdivision which, at the time of lodgment of the caveat, has not been lodged with the Registrar-General for registration or recording, or(c) a parcel for which description in accordance with item 1 is inappropriate,the description of the part must be in such other form or manner as will enable the Registrar-General to identify the part to which the claim relates.reg 3If the claim of the caveator is in respect of an unregistered easement over part of the land comprised in a folio of the Register or a current lease, the description must identify the site of the easement—(a) if the Registrar-General so approves, as the land shown in a plan annexed to or endorsed on the caveat, or(b) as the land shown in a plan which defines the site of the easement and which is registered or recorded with the Registrar-General.reg 4It is not necessary for a plan referred to in item 3 to define precisely the site of an easement intended to be created in respect of an existing tunnel, pipe, conduit, wire or other similar object which is underground, or is within or beneath an existing building, so long as the plan shows the approximate position of the easement.reg 5If mines or minerals constitute the part of the land comprised in the folio of the Register or current lease to which the claim of the caveator relates, it is sufficient to specify or describe the mines or minerals concerned.reg Calculation of fee unit for purposes ofCalculation of fee unit for purposes of Regulation

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Previousreg 14Statement to accompany notice to NSW Trustee and Guardian of intention to apply for foreclosure order: section 61 (2A)Nextreg 16Service of notices relating to lease where proprietor of lease is bankrupt: section 91 (2) and (5)