Unfortunately, this scenario must be dealt with via paper - I will explain why.
Please note - Land Victoria are aware that a conflict in business rules between the paper and electronic channel lies at the heart of the matter. Land VIC advise that the scenario ought be a rare exception. PEXA and Land Victoria are working together to remove this type of conflict.
The rules applied by Land Victoria are:
- For dealings lodged over linked titles (apartment and car park) in the electronic channel, lodgement of an interest in land will only be accepted if the interest affects all of the linked titles.
- For dealings lodged over linked titles (apartment and car park) in the paper channel, lodgement of an interest in land will be accepted where the interest affects some but not all of the linked titles.
- Related dealings rules always apply to dealings lodged via the electronic channel. i.e At least one document in the lodgement case must reference each title referenced in all other documents in the lodgement case.
From the above it follows that if a dealing for a sub-set of linked titles had been registered via the paper channel, it is not possible to discharge or withdraw that dealing via the electronic channel.
In other words:
Title A – Apartment
Title B – Car park
- If a caveat or mortgage had been registered in the paper channel on only Title A, then that caveat or mortgage may only be discharged / withdrawn via the paper channel.
- If an attempt to lodge an electronic discharge / withdrawal of caveat were made for only Title A, Land VIC lodgement verification rules would fail the dealing on the basis that linked titles cannot be dealt with separately via PEXA.
- If an attempt to lodge an electronic discharge / withdrawal of caveat were made with both titles A and B in the workspace, but no document in the lodgement case referenced both titles A and B then Land VIC lodgement verification rules would fail the lodgement on the basis of related dealings.
