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Car Park Land Title and Caveat

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  • Re: Car Park Land Title and Caveat

Car Park Land Title and Caveat

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AnnaHardie
AnnaHardie
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on ‎11-08-2016 10:07 AM

on ‎11-08-2016 10:07 AM

Car Park Land Title and Caveat

Hi,

I wanted to share a great question we received via the Support Desk this morning.

 

In Victoria land titles for a car park and apartment are linked.  A caveat had been registered via the paper channel over one but not both titles.  I was unable to withdraw the caveat via PEXA.  Why?

 

@GeorgePolus can you explain why for the community? 

 

Anna Hardie
Voice of Customer Team, PEXA

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GeorgePolus
GeorgePolus Star Employee
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on ‎11-08-2016 10:27 AM

on ‎11-08-2016 10:27 AM

Solution

Re: Car Park Land Title and Caveat

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. 

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GeorgePolus
GeorgePolus Star Employee
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on ‎11-08-2016 10:27 AM

on ‎11-08-2016 10:27 AM

Solution

Re: Car Park Land Title and Caveat

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. 

View solution in original post

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