NSW Consent to Plan and Also Consent to Transfer of Easement

[Hume]

Hi Everyone

I wish to ask 2 questions, the first one as follows:-

1. Consent to Plan where it is currently a paper Title

I think we have to have 2 workspaces.  The first being one to convert the Title to no paper CT thus giving us Cord Holder consent and of course lodge that. From there we need to create a second workspace whereby we prepare a Consent to the Plan and lodge that.  I am thinking that will then give us a production number that we can provide to the Surveyor so that they can lodge the Plan - is that correct?

2. Consent to Transfer of Easement

We also have a Paper Title for this one.  Need to follow process as above and convert to no paper CT and again giving us Cord Holder Consent.  From there create a second workspace to Consent to the Transfer of Easement.  Just need a bit of help with this one to confirm once again this is the process BUT the parties  to the transaction - do I type in there the Transferors (which are the current registered proprietors) and the Transferee - in this case is just a local Council, or do I just type in the Transferee?  It only gives you a drop down box for the parties involved, so I am not sure what to type in there? Can someone please let me know what they think?  I also expect we will get a production number to provide to the Solicitors so that they can lodge the Transfer to Easement - is that correct?

[GeorgePolus]

Hi Helen, 

Response to Q 1.

Unlike VIC, in NSW only an APRA registered Financial Institution may hold an electronic CT.  Further, CoRD may only be held by an APRA registered Financial Institution that is 1st Mortgagee. 

If the title is unencumbered by a Mortgage, in NSW it may only be paper.

So, if the title is paper, you will have a Certificate Authentication Code (CAC) on the title (unless the title was issued prior to Jan 1, 2004).

If you have a CAC, you may use the CAC as evidence of CoRD when preparing the electronic consent to paper.

If the title was issued prior Jan 1, 2004 and has no CAC, you will need to 'produce' the title to LPI.   LPI will issue a Production Receipt number which may then be used as evidence of CoRD when preparing the electronic consent to paper. 

In both scenarios above the Consent to paper may be prepared in a single lodgement case in a single workspace. 

Response to Q2.

For a Consent to a paper dealing,  NSW LPI require details of all Transferor and Transferee parties.   If there are dealings preceding or following the transfer of easement, you will also need to add details of these dealings and the party(ies) involved. 

Please let me know if I have been unclear or you have more questions.  @GeorgePolus