New South Wales Consolidated Regulations

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REAL PROPERTY REGULATION 2014 - SCHEDULE 4

SCHEDULE 4 – Description in caveats of part of land

(Clause 8)

1

Except 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 (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 ,
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.

2

If 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.

3

If 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 in the office of the Registrar-General.

4

It 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.

5

If 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.



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