Real Property Regulations (NT)
NORTHERN TERRITORY OF AUSTRALIA
REAL PROPERTY REGULATIONS
As in force at 11 December 1998
TABLE OF PROVISIONS
Regulation
1.Citation
2.Commencement
3.Forms to be used
4.Supplementary provisions
5.Attestation
6.Sale pursuant to statutory charge
7.Transitional
SCHEDULE 1
SCHEDULE 2
Notes
Table of Amendments
NORTHERN TERRITORY OF AUSTRALIA
____________________________
REAL PROPERTY REGULATIONS
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NOTE - THIS REPRINT SHOWS THE REGULATIONS AS IN FORCE AT 11 DECEMBER 1998. ANY AMENDMENTS THAT MAY COME INTO OPERATION AFTER THAT DATE ARE NOT INCLUDED.
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CITATION
These Regulations may be cited as the Real Property Regulations. (See back note 1)
COMMENCEMENT
These Regulations shall come into operation on the commencement of the Real Property Amendment Act 1988.
FORMS TO BE USED
(1) The Forms set out in Schedule 2 are to be used for the purposes of the Act by reference to and in accord-ance with this regulation and the Table in Schedule 1.
(2) A certificate of title shall be in Form 1.
(3) For the purposes of -
(a)effecting a dealing described in column 2 of the Table;
(b)effecting such a dealing in a capacity or circum-stances so described;
(c)making an application to the Registrar-General for a purpose so described; or
(d)giving to, or lodging with, the Registrar-General an authorization, direction notice or memorandum so described,
such one of the forms as is indicated in column 3 of the Table is to be used.
(4) A person requiring the Registrar-General to do for the purposes of or in connection with the Act anything not described in column 2 of the Table must make an appli-cation in that behalf in Form 52.
(5) An annexure sheet to any instrument must be in Form 53.
(5A) A grant of -
(a)an estate in fee simple in Crown land under section 14 of the Crown Lands Act shall be in Form 54;
(b)a lease of Crown land shall be in Form 55.
(5B) A notice for the purposes of section 56F(1) of the Taxation (Administration) Act shall be in Form 56.
(6) The requirements of this regulation are satis-fied by the use of a form to the effect of the appropriate form as set out in Schedule 2.
SUPPLEMENTARY PROVISIONS
(1) A form in Schedule 2 must be completed in accordance with the notices included in the form.
(2) An instrument lodged with the Registrar-General must be on paper which -
(a)is of International Paper Size A4 (that is to say, measuring 297 mm by 210 mm);
(b)has a weight of 80 gsm;
(c)is not transparent; and
(d)is capable of satisfactory use in a facsimile machine.
(3) The Registrar-General has power, if he considers it reasonable to do so in the circumstances of a particular case, to accept an instrument for registration notwithstanding that it fails in any respect to comply with the requirements of subregulations (1) and (2).
ATTESTATION
For the purposes of section 267 of the Act, the persons who may attest the execution of an instrument by an individual are -
(a)a Commissioner for Oaths;
(b)a legal practitioner within the meaning of the Legal Practitioners Act;
(c)a member of the Legislative Assembly;
(d)a person holding an office under the Supreme Court Act, the Justices Act, the Local Court Act or the Registration Act;
(e)a member of the Police Force;
"(f)an agent as defined in the Agents Licensing Act;".
(g)a Notary Public.
SALE PURSUANT TO STATUTORY CHARGE
(1) Before a person entitled to the benefit of a statutory charge exercises the power of sale pursuant to the charge, the person shall -
(a)fix a time (being not more than 6 months and not less than 28 days from the publication in the newspaper of the advertisement referred to in paragraph (b)) and a place for the sale;
(b)give notice of the proposed sale by means of an advertisement published in the Gazette and in at least one local newspaper;
(c)take reasonable steps to ascertain the identity of any person who has a registered interest in the land; and
(d)take reasonable steps to notify each such person in the prescribed form, of the intention of the person entitled to the benefit of the statutory charge to sell the land under the Act.
(2) A sale of land carried out upon the exercise of a power of sale, granted under the Act, to a person entitled to the benefit of a statutory charge shall be by way of sale by auction, within the meaning of the Auctioneers Act.
(3) If any land is not sold by auction pursuant to sub-regulation (2), the person entitled to the benefit of the statutory charge may either sell the land at a subsequent auction or else sell the land by private contract.
(4) A person exercising a power of sale pursuant to a statutory charge shall, subject to any other provisions of these Regulations or the Act take reasonable care to ensure that the land or interest in land is sold at the market value.
(5) If, before the sale, all statutory charges on the land, together with all costs relating to the registration of the statutory charge or to the proposed sale, are paid or an arrangement satisfactory for payment is entered into by the registered proprietor of the land, over which a statutory charge is registered, the sale shall be cancelled.
TRANSITIONAL
(1) Notwithstanding these Regulations, the Registrar-General shall, for the period of 6 months beginning with the date on which they come into operation, continue to accept for the purposes of the Act any instrument which is in a form required or permissible for those purposes before that date.
(2) Where an instrument is accepted by the Registrar-General pursuant to subregulation (1), it shall be treated for the purposes of item (1) in Schedule 3 as if it were an instrument in the appropriate form as set out in Schedule 2.
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SCHEDULE 1
Regulation 3(1)
TABLE OF FORMS
SectionDescription of Instrument Form
(if any)
56A Variation of priority 2
- Grant of easement in gross 3
- Extinguishment of easement in gross 4
Transfer of land 5
Transfer by lender exercising power of sale 6
Transfer by receiver exercising power of sale 7
Transfer not executed by the buyer 8
Grant of right of way 9
Grant of easement other than right of way 10
- Extinguishment of right of way or other 11easement
Application to register warrant, decree or 12
order for sale
- Application to register court order other 13than order for sale or vesting of land
- Withdrawal of warrant or order, and appli- 14
cation to have recorded
Transfer under warrant, decree or order 15
Application to note satisfaction of warrant, 16
decree or order
Application to register statutory vesting 17
Lease 18
Sub-lease 19
Surrender of lease or sub-lease 20
Application to register surrender of lease 21
Application to note particulars of re-entry 22
Mortgage 23
Encumbrance 24
Discharge of mortgage 25
Discharge of encumbrance 26
Application to enter satisfaction of annuity 27
Transfer of mortgage, encumbrance or lease 28
151A(1) Application to carry forward registered 29
interests
151A(2) Application to add to registered interests 30
151A(2) Application to diminish registered interests 31Variation of mortgage or encumbrance 32
Variation of lease or sub-lease 33
Authorization to note no survivorship 36
Transmission application by personal 37
representative
185A Application to note vesting order under 38
Encroachment of Buildings ActApplication to note death by surviving 39
proprietor
191-I Caveat 40
191-V Application to remove caveat 41
191-VIII Notice of withdrawal of caveat 42
191A Memorandum for purposes of caution notice 43
191B Memorandum for purposes of statutory 44restrictions notice
191C Direction to withdraw statutory restrictions 45
notice
220(4A) Application to note change of name 46
220(4A) Application to note change of address 47
Application to dispense with production of 48
duplicate instrument
220A Application to replace lost, mislaid or 49
destroyed certificate
265A(1) Memorandum of common provisions 50
- Application to note notice under s. 32(1) 51
(b)(iv), Lands Acquisition Act, of proposal
to acquire compulsorily
- Application to note compulsory acquisition 51
- Application to amend survey diagram 51
- Application to note cancellation of title 51
pursuant to s. 14A, Crown Lands Act
- Application for separate titles 51
- Application to note determination of Crown 51
Lease
- Application to note memoranda of agreement 51
- Application to note foreclosure 51
- Application to note lien, cessation of lien 51
or withdrawal of lien
- Application to note road closure 51
- Application to note appointment of new 51
trustees
142A(2) Notice of exercise of power of sale pursuant 57
to statutory charge
142A(2) Notice of exercise of power of sale pursuant 58
to statutory charge
- Notice of exercise of power of sale pursuant 59
to statutory charge
142A(4)(a) Notice of exercise of power of sale pursuant 60
to statutory charge
48A(1) Application to register statutory charge 61Cancellation of the registration of 62
statutory chargeApplication to remove a statutory charge 63
or encumbrance from the RegisterObjection to the removal of a statutory 64
charge or encumbrance
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SCHEDULE 2
FORM 1 Regulation 3(1)
Section 73
DATE ISSUED REGISTER BOOK
REGISTRAR—GENERAL Volume Folio
Northern Territory Of Australia
CERTIFICATE OF TITLE
LAND: LOT LOCATION PLAN AREA
RIGHTS INCLUDED:
OWNER(S):
AS:
ADDRESS FOR SERVICE OF DOCUMENTS:
MORTGAGES, ENCUMBRANCES, LIENS AND INTERESTS:
Date Registered Dealing No. Description
______________________
FORM 2 Section 56A
NORTHERN TERRITORY OF AUSTRALIA
| V | P | No. |
LODGED AT THE REGISTRAR-GENERAL'S OFFICE
ON ....................... AT .................................................
BY ....................... CORRECTION TO .........................
FEE ..................... RECEIPT .......................................
DUPLICATE TITLE TO ................................................
VARIATION OF PRIORITY
The priority between themselves of the mortgages (or encumbrances or mortgages and encumbrances) affecting the land described is varied as follows: (NOTES 1-3)
| Register | Volume | Folio | Location | Parcel | Plan | Unit |
| (NOTE 4) |
Mortgage (or encumbrance) No. to
shall rank first in priority.
Mortgage (or encumbrance) No. to
shall rank second in priority.
(NOTE 5)
Mortgage (or encumbrance) No. to
shall rank third in priority.
Mortgage (or encumbrance) No. to
shall rank fourth in priority.
| …………………………………...... ……………………………………... | ……………………………………... ……………………………………... | (NOTES 2,6, 7 & 9) |
…………………………………......
Signed by the *lender/encumbrancee
on (Date) …………………………
In the presence of
……………………………………...
……………………………………...
Signed by the *lender/encumbrancee
on (Date) …………………………
In the presence of
……………………………………...
(NOTES 2,6, 7 & 9)
| ……………………. Registered on | ……………… | ………………………………………….. | (NOTES 2, 8 & 9) |
ITEMS(S) DELIVERED — POSTED | ||
| Item | Agent/RGO Box No. | Delivery Date*Postage NumberInitials |
| 1. | LIS UPDATED | |
| 2. | Examiner to Initial | |
| 3. | ||
| 4. | ||
| 5. | * Fill out Postage Number if Items are Returned by Certified Mail |
SCHEDULE OF NOTES
Variations of priority of mortgages or encumbrances should be lodged as an original only. The document must be typed or completed in ink or biro.
All signatures must be in ink or biro.
If there is insufficient space in any panel use the space above or an annexure sheet (Form 53).
Volume and Folio references must be given.
The L.T.O. numbers of the mortgage/encumbrance and the names (lender/encumbrancee) must be entered here. Production of the mortgage/encumbrance is not required. The only mortgages to be listed are those whose priorities are being altered (including any intervening mortgages or encumbrances).
All lenders/encumbrancees must sign. There is no need for a signature by the owner of the land.
After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact addresses or telephone numbers below their own signatures.
Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act. licensed real estate or business agents and Notaries Public.
Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).
To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the lender/encumbrancee.
If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.
______________________
FORM 3
NORTHERN TERRITORY OF AUSTRALIA
| E | No. Commissioner of Taxes use only |
LODGED AT THE REGISTRAR-GENERAL'S OFFICE
ON ………………… AT ……………………………
BY …………………. CORRECTION TO ………….
FEE ……………….. RECEIPT ……………………
DUPLICATE TITLE TO ………………………………
GRANT OF EASEMENT
IN GROSS
The owner of the land grants to the authority or person specified below the easement for the value described below subject to the conditions set out on the back page. (NOTES 1-4)
| Register | Volume | Folio | Location | Parcel | Plan | Unit |
| LAND | ||||||
| (NOTE 5) |
| EASEMENT | Plan: | (NOTE 6) |
AUTHORITY OR PERSON(NOTE 7)
VALUE(NOTE 8)
| ………………………………………... ………………………………………... | (NOTES 9 & 11) |
| ……………………. Registered on | ……………… | ………………………………………….. (NOTES 10 & 11) |
| ITEMS(S) DELIVERED — POSTED IN ACCORDANCE WITH DELIVERY INSTRUCTIONS | ||
| Item | Agent/RGO Box No. | Delivery Date*Postage NumberInitials |
| 1. | LIS UPDATED | |
| 2. | Examiner to Initial | |
| 3. | ||
| 4. | ||
| 5. | * Fill out Postage Number if Items are Returned by Certified Mail |
CONDITIONS
(NOTE 12)
This easement is an easement for the purposes of Sections 36EA, 36EB and 36F of the Crown Lands Act.
The conditions are those set out in Schedule 2 of the Crown Lands Act.
To comply with the provisions contained in Memorandum of Common Provisions recorded in the Register as L.T.O. No
Additional conditions
SCHEDULE OF NOTES
This form must be used for a Grant of an Easement in Gross. Rights of way or Grants of Easement to a dominant tenement must be completed in the appropriate forms (Forms 9 and 10).
Grants may be lodged as an original only and must be typed or completed in ink or biro.
The document must show the imprint of the Commissioner of Taxes.
If there is insufficient in any panel use the space above or an annexure sheet (Form 53).
Volume and Folio references must be given.
A summary of the easement (i.e. "sewerage easement") and a plan reference (i.e. shown on plan S89/123) must be shown. If it is wished to use the short form words for the easements set out in the Crown Lands Act then the precise descriptive words should be used (i.e. Sewerage Easement, Water Supply Easement, Drainage Easement, Electricity Supply Easement, Electronic Communications Easement, Energy Supply Easement or General Service Easement). For easements not shown in Schedule 2 of the Crown Lands Act the panel "Conditions" above must be completed and Condition 2 should be deleted.
Name only (e.g. Northern Territory of Australia, Power and Water Authority, Darwin City Council).
Set out the value of the easement.
Print and sign the name of the owner.
After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact addresses or telephone numbers below their signatures.
Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.
Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).
To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the delegate of the Authority.
If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.
These conditions are meant as a guide only and may be altered to suit the circumstances.
______________________
FORM 4
NORTHERN TERRITORY OF AUSTRALIA
| E | E | No. Commissioner of Taxes use only |
LODGED AT THE REGISTRAR-GENERAL'S OFFICE
ON ………………… AT ……………………………
BY …………………. CORRECTION TO ………….
FEE ……………….. RECEIPT ……………………
DUPLICATE TITLE TO ………………………………
EXTINGUISHMENT OF
EASEMENT IN GROSS
The owner of the easement for the value expressed extinguishes the easement over the land specified. (NOTES 1—3)
| EASEMENT BEING EXTINGUISHED | LTO: | (NOTE 4) |
| Register | Volume | Folio | Location | Parcel | Plan | Unit |
| (NOTE 5) |
| APPLICANT | (NOTE 6) |
VALUE
(NOTE 7)
| ..................................................... ..................................................... | (NOTES 8 & 10) |
| ........................ Registered on | ................ | ................................................................... (NOTES 9 & 10) |
| ITEMS(S) DELIVERED — POSTED IN ACCORDANCE WITH DELIVERY INSTRUCTIONS | ||
| Item | Agent/RGO Box No. | Delivery Date*Postage NumberInitials |
| 1. | LIS UPDATED | |
| 2. | Examiner to Initial | |
| 3. | ||
| 4. | ||
| 5. | * Fill out Postage Number if Items are Returned by Certified Mail |
SCHEDULE OF NOTES
The form is to be lodged as an original and must be typed or completed in ink or biro.
The imprint of the Commissioner for Taxes must be shown.
If there is insufficient space in any panel use the space above or an annexure sheet (Form 53).
A short description (e.g. Sewerage Easement to Power and Water Authority) will normally be sufficient. In certain circumstances a survey plan may need to be annexed or referred to. If the easement was originally created by an instrument that LTO number should also be shown.
Volume and Folio of current title is essential.
Name only (e.g. Northern Territory of Australia).
The amount paid or the amount in dollars as valued.
Print and sign the name (including the name of any delegate of any government organisation).
After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact addresses or telephone numbers below their signatures.
Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.
Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).
To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the owner (if more than one owner all must sign).
If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.
______________________
FORM 5 Section 96
NORTHERN TERRITORY OF AUSTRALIA
| T | No. Commissioner of Taxes use only |
LODGED AT THE REGISTRAR-GENERAL'S OFFICE
ON ............................. AT ..........................................
BY .............................. CORRECTION TO .................
FEE ............................ RECEIPT ...............................
DUPLICATE TITLE TO ...............................................
TRANSFER OF LAND
The seller in consideration of an agreement with the buyer transfers to the buyer the estate and interest in the land described and valued below subject to the mortgages, encumbrances and other instruments affecting the land including any created by dealings lodged for registration prior to the lodging of this transfer and the buyer accepts this transfer. (NOTES 1-4)
| Register | Volume | Folio | Location | Parcel | Plan | Unit |
| (NOTE 5) |
| VALUE OF THE INTEREST TRANSFERRED | (NOTE 6) |
| SELLER | Name only: | (NOTE 7) |
| BUYER | Name: | (NOTE 8) |
| Address for the service of notices: |
| ……………………………………… ……………………………………… | ……………………………………… ……………………………………… | (NOTES 9 & 11) | |
……………………. | ……………… | ………………………………………….. | (NOTES 10 & 11) |
| ITEMS(S) DELIVERED — POSTED IN ACCORDANCE WITH DELIVERY INSTRUCTIONS | |||
| Item | Agent/RGO Box No. | Delivery Date | *Postage NumberInitials |
| 1. | LIS UPDATED | ||
| 2. | Examiner to Initial | ||
| 3. | |||
| 4. | |||
| 5. | * Fill out Postage Number if Items are Returned by Certified Mail |
SCHEDULE OF NOTES
This form must be used for all simple transfers by the owner other than —
(a) transfers by a mortgagee exercising power of sale (Form 6)
(b) transfers creating or reserving easements (Form 9 or 10)
(c) transfer by a receiver (Form 7)
(d) transfer pursuant to a court order (Form 15)
(e) transfer of mortgage, encumbrance or lease (Form 28)For those transfers the appropriate form must be used.
If the words "Buyer" and "Seller" are considered inappropriate other words may be used.
Transfers may be lodged as an original only, must be typed or completed in ink or biro and must show the imprint of the Commissioner of Taxes (Stamp Duty).
All signatures must be in ink or biro.
If there is insufficient space in any panel use the space above or an annexure sheet (Form 53).
Volume and Folio references must be given. If the transfer affects part only of the land in a title (e.g. Road Closure) the description should also be given. Insert unit number if the land is land under the Unit Titles Act.
The value of the estate or interest transferred must be expressed as an amount of money (irrespective of whether the land is a gift or is being transferred for non-monetary consideration).
Insert full name. Address is not required.
Insert full name including an address for the service of notices. The address can be a postal address. Occupations are not required. If two or more buyers, state whether as joint tenants or tenants in common. If tenants in common, specify shares. For two or more owners additional addresses may be specified. The form should be adapted so that it is clear to whom each address relates.
After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact address or telephone numbers below their signatures.
Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.
Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).
To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the buyer (if more than one buyer all must sign).
If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.
______________________
FORM 6 Section 96
NORTHERN TERRITORY OF AUSTRALIA
| T | P | No. Commissioner of Taxes use only |
LODGED AT THE REGISTRAR-GENERAL'S OFFICE
ON ..................................... AT ..................................................
BY ...................................... CORRECTION TO ..................
FEE .................................... RECEIPT ....................................
DUPLICATE TITLE TO ............................................................
TRANSFER BY LENDER
EXERCISING POWER OF SALE
The lender being the proprietor of the mortgage listed below in exercise of the power of sale conferred by the Real Property Act and in consideration of an agreement with the buyer transfers to the buyer the land described and valued below subject to the mortgages, encumbrances and other instruments affecting the land including all leases registered subsequent to the mortgage and to which the lender has consented and the buyer accepts this transfer. (NOTES 1-3)
| MORTGAGE UNDER WHICH POWER OF SALE IS EXERCISED | No. | (NOTE 4) |
| Register | Volume | Folio | Location | Parcel | Plan | Unit |
| (NOTE 5) |
| VALUE OF THE INTEREST TRANSFERRED | (NOTE 6) |
| LENDER | Name only: | (NOTE 7) |
BUYER
Name:
Address for the service
of notices:
(NOTE 8)
| ……………………………………… Signed by the lender ……………………………………… | ……………………………………… Signed by the buyer ……………………………………… | (NOTES 9 & 11) |
| ……………………. Registered on | ……………… At | ………………………………………….. Correct for the purposes of the Real Property Act | (NOTES 10 & 11) |
| ITEMS(S) DELIVERED — POSTED IN ACCORDANCE WITH DELIVERY INSTRUCTIONS | ||
| Item | Agent/RGO Box No. | Delivery Date*Postage NumberInitials |
| 1. | LIS UPDATED | |
| 2. | Examiner to Initial | |
| 3. | ||
| 4. | ||
| 5. | * Fill out Postage Number if Items are Returned by Certified Mail |
SCHEDULE OF NOTES
Transfers may be lodged as an original only, must be typed or completed in ink or biro and must show the imprint of the Commissioner of Taxes (Stamp Duty).
All signatures must be in ink or biro.
If there is insufficient space in any panel use the space above or an annexure sheet (Form 53).
If the words "lender" and "buyer" are considered inappropriate other words ("mortgagee", "transferee") may be used.
The Mortgage must also be produced and cannot be discharged.
Volume and Folio references must be given.
The value of the estate or interest transferred must be expressed as an amount of money. Where the value stated does not reflect the value of the estate or interest transferred, the Commissioner for Taxes will usually require evidence of the value.
Insert full name. Address is not required.
Insert full name and an address for the service of notices. The address can be a postal address. Occupations are not required. If two or more buyers, state whether as joint tenants or tenants in common. If tenants in common, specify shares. Additional addresses may be specified. In this case the form should be adapted so that it is clear to whom each address relates.
After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact address or telephone numbers below their signatures.
Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.
Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).
To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the buyer (if more than one buyer all must sign).
If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.
______________________
FORM 7 Section 96
NORTHERN TERRITORY OF AUSTRALIA
| T | No. Commissioner of Taxes use only |
LODGED AT THE REGISTRAR-GENERAL'S OFFICE
ON ..................................... AT ..................................................
BY ...................................... CORRECTION TO ..................
FEE .................................... RECEIPT ....................................
DUPLICATE TITLE TO ............................................................ TRANSFER BY RECEIVER
EXERCISING POWER OF SALE
The seller pursuant to the power of sale described below and in consideration of an agreement with the buyer transfers to the buyer the estate and interest in the land described and valued below subject to the mortgages, encumbrances and other instruments set out below. (NOTES 1-4)
| Register | Volume | Folio | Location | Parcel | Plan | Unit |
| (NOTE 5) |
| VALUE OF THE INTEREST TRANSFERRED | (NOTE 6) |
| POWER OF SALE | (NOTE 7) |
SELLERName only:
(NOTE 8)
BUYER
Name:
Address for the service
of notices:
(NOTE 9)
| ENCUMBRANCES | (NOTE 10) |
| ……………………………………… ……………………………………… | ……………………………………… ……………………………………… | (NOTES 11 & 13) |
| ……………………. Registered on | ……………… At | ………………………………………….. Correct for the purposes of the Real Property Act | (NOTES 12 & 13) |
| ITEMS(S) DELIVERED — POSTED IN ACCORDANCE WITH DELIVERY INSTRUCTIONS | ||
| Item | Agent/RGO Box No. | Delivery Date*Postage NumberInitials |
| 1. | LIS UPDATED | |
| 2. | Examiner to Initial | |
| 3. | ||
| 4. | ||
| 5. | * Fill out Postage Number if Items are Returned by Certified Mail |
SCHEDULE OF NOTES
This form must be used for transfer by a receiver appointed pursuant to a security document.
Transfers may be lodged as an original only, must be typed or completed in ink or biro and must show the imprint of the Commissioner of Taxes (Stamp Duty).
All signatures must be in ink or biro.
If there is insufficient space in any panel use the space above or an annexure sheet (Form 53).
Volume and Folio references must be given. If the transfer affects part only of the land in a title (e.g. Road Closure) the description should also be given. Insert unit number if the land is land under the Unit Titles Act.
The value of the estate or interest transferred must be expressed as an amount of money (irrespective of whether the land is a gift or is being transferred for non-monetary consideration).
Insert details of the instrument in other document authorizing the power of sale.
Insert full name. Address is not required.
Insert full name including an address for the service of notices. The address can be a postal address. Occupations are not required. If two or more buyers, state whether as joint tenants or tenants in common. If tenants in common, specify shares. For two or more owners additional addresses may be specified. The form should be adapted so that it is clear to whom each address relates.
Set out the instruments that have a priority over this dealing so as to remain on this title after the registration of this transfer.
After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact address or telephone numbers below their signatures.
Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.
Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).
To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the buyer (if more than one buyer all must sign).
If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.
______________________
FORM 8 Section 96
NORTHERN TERRITORY OF AUSTRALIA
| T | No. Commissioner of Taxes use only |
LODGED AT THE REGISTRAR-GENERAL'S OFFICE
ON ………………… AT ……………………………
BY …………………. CORRECTION TO ………….
FEE ……………….. RECEIPT ……………………
DUPLICATE TITLE TO ………………………………
TRANSFER
NOT EXECUTED BY THE BUYER
The seller in consideration of an agreement with the buyer transfers to the buyer the estate and interest in the land described and valued below subject to the mortgages, encumbrances and other instruments affecting the land including any created by dealings lodged for registration prior to the lodging of this transfer and the buyer accepts this transfer. (NOTES 1—4)
| Register | Volume | Folio | Location | Parcel | Plan | Unit |
| (NOTE 5) |
| VALUE OF THE INTEREST TRANSFERRED | (NOTE 6) |
| SELLER | Name only: | (NOTE 7) |
BUYERName:
Address for the service
of notices:
(NOTE 8)
| ……………………………………… ……………………………………… | (NOTES 9 & 11) |
| …………………….. Registered on | ……………… | ………………………………………… | (NOTES 10 & 11) |
| ITEM(S) DELIVERED — POSTED IN ACCORDANCE WITH DELIVERY INSTRUCTIONS | |
| Item | Agent/RGO Box No.Delivery Date*Postage NumberInitials |
| 1. | LIS UPDATED |
| 2. | Examiner to Initial |
| 3. | |
| 4. | |
| 5. | *Fill out Postage Number if Items are Returned by Certified Mail |
SCHEDULE OF NOTES
This form must be used for all transfers by the owner where the Registrar-General has directed that the transfer is not required to be executed by the purchaser.
If the words "Buyer" and "Seller" are considered inappropriate other words may be used.
Transfers may be lodged as an original only, must be typed or completed in ink or biro and must show the imprint of the Commissioner of Taxes (Stamp Duty).
All signatures must be in ink or biro.
If there is insufficient space in any panel use the space above or an annexure sheet (Form 53).
Volume and Folio references must be given. If the transfer affects part only of the land in a title (e.g. Road Closure) the description should also be given. Insert unit number if the land is land under the Unit Titles Act.
The value of the estate or interest transferred must be expressed as an amount of money (irrespective of whether the land is a gift or is being transferred for non-monetary consideration).
Insert full name. Address is not required.
Insert full name including an address for the service of notices. The address can be a postal address. Occupations are not required. If two or more buyers, state whether as joint tenants or tenants in common. If tenants in common, specify shares. For two or more owners additional addresses may be specified. The form should be adapted so that it is clear to whom each address relates.
After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact address or telephone numbers below their signatures.
Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.
Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).
To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the buyer (if more than one buyer all must sign).
If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.
______________________
FORM 9 Section 96
NORTHERN TERRITORY OF AUSTRALIA
| E | No. Commissioner of Taxes use only |
LODGED AT THE REGISTRAR-GENERAL'S OFFICE
ON ………………… AT ……………………………
BY …………………. CORRECTION TO ………….
FEE ……………….. RECEIPT ……………………
DUPLICATE TITLE TO ……………………………… GRANT OF RIGHT OF WAY
The owner of the land to be burdened by the right of way in consideration of an agreement with the owner of the land receiving the benefit of the right of way hereby transfers and grants to the owner of the land receiving the benefit of the right of way a free and unrestricted right of way described and valued below over the burdened land subject to the mortgages, encumbrances and other instruments affecting that land including any created by dealings lodged for registration prior to the lodging of this instrument and the owner of the land receiving the benefit of the right of way accepts this grant subject to any terms and conditions set out on the back of this document. (NOTES 1-4)
| Register | Volume | Folio | Location | Parcel | Plan | Unit |
| LAND BURDENED | ||||||
| BY RIGHT OF WAY | ||||||
| (NOTE 5) |
| VALUE OF RIGHT OF WAY | (NOTE 6) |
OWNER OF THE LAND BURDENED BY THE RIGHT OF WAY
(NOTE 7)
| Register | Volume | Folio | Location | Parcel | Plan | Unit |
| LAND RECEIVING | ||||||
| THE BENEFIT OF | ||||||
| THE RIGHT OF WAY | ||||||
| (NOTE 5) |
| OWNER OF THE LAND RECEIVING THE BENEFIT OF THE RIGHT OF WAY | (NOTE 7) |
| RIGHT OF WAY | Plan: (NOTE 8) |
| …………………………………………. Signed by the owner of the land …………………………………………. | …………………………………………. Signed by the owner of the land …………………………………………. | (NOTES 9 & 11) |
| …………………….. Registered on | ……………… | ………………………………………….. | (NOTES 10 & 11) |
| ITEM(S) DELIVERED — POSTED IN ACCORDANCE WITH DELIVERY INSTRUCTIONS | |
| Item | Agent/RGO Box No.Delivery Date*Postage NumberInitials |
| 1. | LIS UPDATED |
| 2. | Examiner to Initial |
| 3. | |
| 4. | |
| 5. | *Fill out Postage Number if Items are Returned by Certified Mail |
CONDITIONS (NOTE 12)
The right of way includes the rights (if any) set out below together with a free and unrestricted right of way (as set out in section 89 of, and Schedule 5 to, the Real Property Act.).
The provisions of section 36F of the Crown Lands Act, apply to this right of way.
To comply with the provisions contained in the Memorandum of Common Provisions recorded in the Register as LTO No............................
Additional conditions:
SCHEDULE OF NOTES
This form must be used for any transfer and grant by the registered proprietor of a right of way. For the grant of an easement in gross Form 3 should be used.
Grants may be lodged as an original only and must be typed or completed in ink or biro, and must show the imprint of the Commissioner of Taxes.
All signatures must be in ink or biro.
If there is insufficient space in any panel use the space above or an annexure sheet (Form 53).
Volume and Folio references must be given. The certificates of title for both the dominant and the servient tenements must be lodged.
Set out the amount (in figures).
Insert full name. Address is not required.
A survey plan must be annexed or referred to (if already deposited). Any special rights or conditions should be included on the back of this form.
Both the owner of the land burdened by the right of way and the owner of the land receiving the right of way must sign.
After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact address or telephone numbers below their signatures.
Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.
Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).
To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the buyer (if more than one buyer all must sign).
If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.
The suggested conditions are meant as a guide only and may be altered to suit the circumstances.
______________________
FORM 10 Section 96
| E | No. Commissioner of Taxes use only |
LODGED AT THE REGISTRAR-GENERAL'S OFFICE
ON ………………… AT ……………………………
BY …………………. CORRECTION TO ………….
FEE ……………….. RECEIPT ……………………
DUPLICATE TITLE TO ……………………………… GRANT OF EASEMENT
OTHER THAN RIGHT OF WAY
The owner of the land to be burdened by the easement in consideration of an agreement with the owner of the land receiving the benefit of the easement transfers and grants to the owner of the land receiving the benefit of the easement the easement described and valued below over the burdened land subject to the mortgages, encumbrances and other instruments affecting that land including any created by dealings lodged for registration prior to the lodging of this instrument and the owner of the land receiving the benefit of the easement accepts this grant subject to any terms and conditions set out on the back of this document. (NOTES 1—4)
| Register | Volume | Folio | Location | Parcel | Plan | Unit |
| LAND BURDENED | ||||||
| BY THE EASEMENT | ||||||
| (NOTE 5) |
| VALUE OF EASEMENT | (NOTE 6) |
OWNER OF THE LAND BURDENED BY THE EASEMENTName only:
(NOTE 7)
| Register | Volume | Folio | Location | Parcel | Plan | Unit |
| LAND RECEIVING | ||||||
| THE BENEFIT OF | ||||||
| THE EASEMENT | ||||||
| (NOTE 5) |
| OWNER OF THE LAND RECEIVING THE BENEFIT OF THE EASEMENT | Name only: (NOTE 7) |
| EASEMENT | (NOTE 8) |
| ……………………………………........... ...........…………………………………… | ………………………………………................ ………………………….............…………….. | (NOTES 9 & 11) |
| …………………….. Registered on | ……………… At | ………………………………………….. Correct for the purposes of the Real Property Act | (NOTES 10 & 11) |
| ITEM(S) DELIVERED — POSTED IN ACCORDANCE WITH DELIVERY INSTRUCTIONS | |
| Item | Agent/RGO Box No.Delivery Date*Postage NumberInitials |
| 1. | LIS UPDATED |
| 2. | Examiner to Initial |
| 3. | |
| 4. | |
| 5. | *Fill out Postage Number if Items are Returned by Certified Mail |
CONDITIONS (NOTE 12)
This easement is an easement for the purposes of sections 36EA and 36F of the Crown Lands Act.
The conditions are those set out in schedule 2 of the Crown Lands Act.
To comply with the provisions contained in the memorandum of common provisions recorded in the Register as LTO No.
Additional conditions.
SCHEDULE OF NOTES
This form must be used for any transfer and grant by the registered proprietor of an easement other than an easement in gross (use Form 3) or a right of way (use Form 9).
Grants may be lodged as an original only and must be typed or completed in ink or biro, and must show the imprint of the Commissioner of Taxes.
All signatures must be in ink or biro.
If there is insufficient space in any panel use the space above or an annexure sheet (Form 53).
Volume and Folio references must be given. The certificates of title for both the dominant and the servient tenements must be lodged.
Set out the amount (in figures).
Insert full name. Address is not required.
Set out a summary of the easement being granted (e.g. Drainage Easement). A survey plan must be annexed or referred to (if already deposited). If it is wished to use the short form words for the easements set out in the Crown Lands Act then the precise descriptive words should be used (i.e. Sewerage Easement, Water Supply Easement, Drainage Easement, Electricity Supply Easement, Electronic Communications Easement, Energy Supply Easement, General Service Easement). For easements not referred to in Schedule 2 of the Crown Lands Act the panel "CONDITIONS" above must be completed and Condition 2 deleted.
Both the owner of the land burdened by the easement and the owner of the land receiving the benefit of the easement should sign.
After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact address or telephone numbers below their signatures.
Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.
Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).
To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the owner (if more than one owner all must sign).
If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.
These conditions are meant as a guide only and may be altered to suit the circumstances.
______________________
FORM 11
NORTHERN TERRITORY OF AUSTRALIA
| E | E | No. Commissioner of Taxes use only |
LODGED AT THE REGISTRAR-GENERAL'S OFFICE
ON ………………… AT ……………………………
BY …………………. CORRECTION TO ………….
FEE ……………….. RECEIPT ……………………
DUPLICATE TITLE TO ………………………………
EXTINGUISHMENT OF RIGHT OF WAY
OR OTHER EASEMENT
The owner of the right of way or other easement specified for the value expressed extinguishes right of way or other easement specified. (NOTES 1—3)
| EASEMENT OR RIGHT OF WAY BEING EXTINGUISHED | Number: | Description: (NOTE 4) |
| Register | Volume | Folio | Location | Parcel | Plan | Unit |
| LAND HAVING | ||||||
| THE BENEFIT OF | ||||||
| THE EASEMENT | ||||||
| OR RIGHT OF WAY | (NOTE 5) |
| Register | Volume | Folio | Location | Parcel | Plan | Unit |
| LAND BURDENED | ||||||
| BY THE EASEMENT | ||||||
| OR RIGHT OF WAY | ||||||
| (NOTE 5) |
| VALUE OF EASEMENT OR RIGHT OF WAY | (NOTE 6) |
| ……………………………………… ……………………………………… | (NOTES 7 & 9) |
| …………………….. Registered on | ……………… | ………………………………………….. | (NOTES 8 & 9) |
| ITEM(S) DELIVERED — POSTED IN ACCORDANCE WITH DELIVERY INSTRUCTIONS | |
| Item | Agent/RGO Box No.Delivery Date*Postage NumberInitials |
| 1. | LIS UPDATED |
| 2. | Examiner to Initial |
| 3. | |
| 4. | |
| 5. | *Fill out Postage Number if Items are Returned by Certified Mail |
SCHEDULE OF NOTES
Extinguishment may be lodged as an original only and must be typed or completed in ink or biro, and must show the imprint of the Commissioner of Taxes. All signatures must be in ink or biro.
For an extinguishment of an easement in gross Form 3 must be used. The form may be adapted for extinguishment of a right of way.
If there is insufficient space in any panel use the space above or an annexure sheet (Form 53).
A short description (e.g. Drainage Easement, Right of Way) should also be given. If necessary to identify the subject land a survey plan should be referred to or annexed.
Volume and Folio references must be given.
Set out the amount (in figures) paid or valued.
Print and sign the name of the owner of the easement/right of way.
After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact address or telephone numbers below their signatures.
Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.
Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).
To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the owner of the land burdened by the easement.
If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.
______________________
FORM 12 Section 105
NORTHERN TERRITORY OF AUSTRALIA
| W | No. |
LODGED AT THE REGISTRAR-GENERAL'S OFFICE
ON ………………… AT ……………………………
BY …………………. CORRECTION TO …………..
FEE ……………….. RECEIPT …………………….
APPLICATION TO REGISTER
WARRANT, DECREE, OR
ORDER FOR SALE
(NOTE 8)
The applicant serves on the Registrar-General the attached warrant, decree or order for sale in respect of the interest of the owner in the land described below and applies to have the warrant, decree or order for sale recorded in the Register. (NOTES 1 & 8)
| Register | Volume | Folio | Location | Parcel | Plan | Unit |
| (NOTE 2) |
| OWNER | Name only: | PART | (NOTE 3) |
| JUDGMENT CREDITOR | Name only: | (NOTE 4) |
| ……………………………………… ……………………………………… | (NOTES 5 & 7) |
| …………………….. Registered on | ……………… | ………………………………………….. | (NOTES 6 & 7) |
| LIS UPDATED |
| Examiner to Initial |
| SCHEDULE OF NOTES |
This form can only be used for the registration of a warrant, decree or order for the sale of the land pursuant to section 105 of the Real Property Act.
The application is lodged as an original only and must be typed or completed in ink or biro.
The title is not produced. Title reference and land description must agree with details set out in the warrant, decree or order.
The name of the owner must agree with the name shown on the warrant, decree or order. If the name is not identical show as "in the warrant, decree or order described as ......". If the warrant, decree or order is only against the estate and interest of one of several owners mark the box "PART".
The name of the person (not the agent) obtaining the warrant, decree or order.
The solicitor or agent may sign.
After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact address or telephone numbers below their signatures.
Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.
Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).
To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the applicant.
If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.
The warrant, decree or order ceases to bind the land from further registration of dealings 6 months from the date of lodgment unless extended by court order.
______________________
FORM 13
NORTHERN TERRITORY OF AUSTRALIA
| C O No. |
LODGED AT THE REGISTRAR-GENERAL'S OFFICE
ON ………………… AT ……………………………
BY …………………. CORRECTION TO ………….
FEE ……………….. RECEIPT …………………….
APPLICATION TO REGISTER COURT
ORDER OTHER THAN ORDER FOR
SALE OR VESTING OF LAND
The applicant applies to have the details of the court order described below recorded in the Register in respect of the land described below. (NOTE 1)
| Register | Volume | Folio | LocationParcelPlanUnit | ||||
| (NOTE 2) | |||||||
DETAILS OF ORDER: | (NOTE 3) |
| ……………………………………… ……………………………………… | (NOTES 4 & 6) |
| …………………….. Registered on | ……………… | ………………………………………….. | (NOTES 5 & 6) |
| LIS UPDATED |
| Examiner to Initial |
SCHEDULE OF NOTES
The application is lodged as an original only and must be typed or completed in ink or biro.
Do not use the form for the registration of a statutory vesting for which there is a separate form, (see Form 17) or for the registration of a warrant, decree or order for sale (use Form 12).
Title reference and land description must agree with details set out in the order. The title need not be produced.
The date and number of the order, the name of the court (Supreme Court, Federal Court) and brief details of the order (e.g. extending the time for the removal of caveat, preventing registration of mortgage, directing registration of dealing) should be shown here.
A sealed copy of the order must be produced for sighting.
The application can be signed by the solicitor acting on behalf of the client.
After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact address or telephone numbers below their signatures.
Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.
Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).
To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the applicant.
If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.
______________________
FORM 14
NORTHERN TERRITORY OF AUSTRALIA
| W W No. |
LODGED AT THE REGISTRAR-GENERAL'S OFFICE
ON ………………… AT ……………………………
BY …………………. CORRECTION TO ………….
FEE ……………….. RECEIPT ……………………
WITHDRAWAL OF WARRANT
OR ORDER, AND APPLICATION
TO HAVE RECORDED
The applicant withdraws the warrant or order* over the land described below and applies for the recording of the withdrawal in the Register. (NOTE 1)
| WARRANT OR ORDER BEING WITHDRAWN | PART (NOTE 2) |
| Register | Volume | Folio | LocationParcelPlanUnit | |||
| (NOTE 3) | ||||||
| JUDGMENT CREDITOR | Name only: (NOTE 4) |
| ……………………………………… ……………………………………… | (NOTES 5 & 7) |
| …………………….. Registered on | ……………… | ………………………………………….. | (NOTES * Delete if inapplicable |
| LIS UPDATED |
| Examiner to Initial |
| SCHEDULE OF NOTES |
The application is lodged as an original only and must be typed or completed in ink or biro.
The LTO number of the warrant or order must be shown.
If the warrant or order affects more than one certificate of title and is only withdrawn in respect of part of the land the extent should be shown in the panel marked "PART".
The title is not produced.
The name of the person (not the agency) who has obtained judgment in his favour under the warrant or order.
This application can be made by a lawyer or agent if the Registrar-General is satisfied that the solicitor or agent is acting under authority of the judgment creditor.
After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact address or telephone numbers below their signatures.
Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.
Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).
To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the applicant.
If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.
______________________
FORM 15 Section 107
NORTHERN TERRITORY OF AUSTRALIA
| T No. Commissioner of Taxes use only |
LODGED AT THE REGISTRAR-GENERAL'S OFFICE
ON ………………… AT ……………………………
BY …………………. CORRECTION TO ………….
FEE ……………….. RECEIPT ……………………
DUPLICATE TITLE TO ……………………………… TRANSFER UNDER WARRANT,
DECREE OR ORDER
The seller pursuant to the power of sale described below and in consideration of an agreement with the buyer transfers to the buyer the estate and interest in the land described and valued below subject to the mortgages, encumbrances and other instruments set out below. (NOTES 1—4)
| Register | Volume | Folio | LocationParcelPlanUnit | ||||
| (NOTE 5) | |||||||
| VALUE OF THE INTEREST TRANSFERRED | (NOTE 6) |
| POWER OF SALE | (NOTE 7) |
SELLERName only:
(NOTE 8)
BUYERName:
Address for the service
of notices:(NOTE 9)
| ENCUMBRANCES | (NOTE 10) |
| ……………………………………… ……………………………………… | ……………………………………… ……………………………………… | (NOTES 11 & 13) |
| …………………….. Registered on | ……………… At | ………………………………………….. Correct for the purposes of the Real Property Act | (NOTES 12 & 13) |
| ITEM(S) DELIVERED — POSTED IN ACCORDANCE WITH DELIVERY INSTRUCTIONS | |
| Item | Agent/RGO Box No.Delivery Date*Postage NumberInitials |
| 1. | LIS UPDATED |
| 2. | Examiner to Initial |
| 3. | |
| 4. | |
| 5. | *Fill out Postage Number if Items are Returned by Certified Mail |
SCHEDULE OF NOTES
This form must be used for a transfer pursuant to a warrant, decree or order.
Transfers may be lodged as an original only, must be typed or completed in ink or biro and must show the imprint of the Commissioner of Taxes (Stamp Duty).
All signatures must be in ink or biro.
If there is insufficient space in any panel use the space above or an annexure sheet (Form 53).
Volume and Folio references must be given. If the transfer affects part only of the land in a title (e.g. Road Closure) the description should also be given. Insert unit number if the land is land under the Unit Titles Act.
The value of the estate or interest transferred must be expressed as an amount of money (irrespective of whether the land is a gift or is being transferred for non-monetary consideration).
Insert details of instrument or other document authorizing the power of sale.
Insert full name. Address is not required.
Insert full name including an address for the service of notices. The address can be a postal address. Occupations are not required. If two or more buyers, state whether as joint tenants or tenants in common. If tenants in common, specify shares. For two or more owners additional addresses may be specified. The form should be adapted so that it is clear to whom each address relates.
Set out the encumbrances that have a priority over this dealing so as to remain on this title after the registration of this transfer.
After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact address or telephone numbers below their signatures.
Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.
Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).
To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the buyer (if more than one buyer all must sign).
If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.
______________________
FORM 16 Section 109
NORTHERN TERRITORY OF AUSTRALIA
| W | W | No. |
LODGED AT THE REGISTRAR-GENERAL'S OFFICE
ON ………………… AT ……………………………
BY …………………. CORRECTION TO ………….
FEE ……………….. RECEIPT ……………………
APPLICATION TO NOTE
SATISFACTION OF WARRANT,
DECREE OR ORDER
The applicant notifies to the Registrar-General the satisfaction of the warrant, decree or order* over the land described below and applies for the recording of the satisfaction in the Register and provides the grounds set out on the back of this document. (NOTE 1)
| WARRANT, DECREE OR ORDER THAT HAS BEEN SATISFIED | PART | (NOTE 2) |
| Register | Volume | Folio | Location | Parcel | Plan | Unit |
| (NOTE 3) |
| PERSON WHOSE WARRANT, DECREE OR ORDER HAS BEEN SATISFIED | Name only: | (NOTE 4) |
| ……………………………………… Signed by the applicant ……………………………………… | (NOTES 5 & 7) |
| …………………….. Registered on | ……………… At | ………………………………………….. Correct for the purposes of the Real Property Act | (NOTES 6 & 7) * Delete if inapplicable |
| GROUNDS OF SATISFACTION | (NOTE 8) | LIS UPDATED |
| The ground or grounds of satisfaction are— | Examiner to Initial | |
| SCHEDULE OF NOTES |
This application is lodged as an original only and must be typed or completed in ink or biro.
The LTO number of the warrant, decree or order must be shown.
If the warrant, decree or order affects more than one certificate of title and is only withdrawn in respect of part of the land the extend should be shown in the panel marked "PART".
The title is not produced.
The name of the person (not the agent) in whose favour judgment has been obtained under the warrant, decree or order.
This application can be made by a lawyer or agent if the Registrar-General is satisfied that the solicitor or agent is acting under authority of the judgment creditor.
After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact address or telephone numbers below their signatures.
Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.
Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).
To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the applicant.
If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.
The grounds supporting the application should be set out. Any necessary documentation should be produced when this document is lodged.
______________________
FORM 17 Section 113
NORTHERN TERRITORY OF AUSTRALIA
| V | O | No. |
LODGED AT THE REGISTRAR-GENERAL'S OFFICE
ON ………………… AT ……………………………
BY …………………. CORRECTION TO ………….
FEE ……………….. RECEIPT ……………………
DUPLICATE TITLE TO ………………………………
APPLICATION TO REGISTER
STATUTORY VESTING
The applicant applies to have the change of ownership of the land described below recorded in the Register pursuant to the grounds set out below. (NOTE 1)
| Register | Volume | Folio | Location | Parcel | Plan | Unit |
| (NOTE 2) |
| NEW OWNER: ADDRESS FOR THE SERVICE OF NOTICES: | (NOTE 3) |
DETAILS OF VESTING:
(NOTE 4)
| ……………………………………… ……………………………………… | (NOTES 5 & 7) |
| …………………….. Registered on | ……………… | ………………………………………….. | (NOTES 6 & 7) |
| ITEM(S) DELIVERED — POSTED IN ACCORDANCE WITH DELIVERY INSTRUCTIONS | |
| Item | Agent/RGO Box No.Delivery Date*Postage NumberInitials |
| 1. | LIS UPDATED |
| 2. | Examiner to Initial |
| 3. | |
| 4. | |
| 5. | *Fill out Postage Number if Items are Returned by Certified Mail |
SCHEDULE OF NOTES
This form is lodged as an original only and must be typed or completed in ink or biro.
It is used for vesting pursuant to the Bankruptcy Act, Crimes (Forfeiture of Proceeds) Act or other statutory vestings.
For court orders other than a vesting order use Form 13.
This form may be adapted for the vesting of an interest in land or a new interest in land (e.g. an easement in gross).
The title must be produced unless the Registrar-General consents otherwise.
Name and address. Include postal address for the service of notices. If there is more than one owner additional addresses may be specified. In that case the form should be adapted so that it is clear to whom each address relates.
Where the vesting occurs pursuant to the court order, show date and number of the order or attach a sealed copy of the order.
The agent may sign.
After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact address or telephone numbers below their signatures.
Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.
Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).
To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the applicant.
If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.
______________________
FORM 18 Section 116
NORTHERN TERRITORY OF AUSTRALIA
| L | S | No. Commissioner of Taxes use only |
LODGED AT THE REGISTRAR-GENERAL'S OFFICE
ON ………………… AT ……………………………
BY …………………. CORRECTION TO …………..
FEE ……………….. RECEIPT …………………….
DUPLICATE TITLE TO …………………………….....
DUPLICATE LEASE TO ……………………………..
LEASE
The owner leases to the tenant the land described and the tenant accepts this lease of the land for the term and at the rent stipulated and subject to the covenants and conditions contained below or on the back of this document. (NOTES 1—2)
| Register | Volume | Folio | Location | Parcel | Plan | Unit |
| (NOTE 3) |
| OWNER | Name only: | (NOTE 4) |
TENANTName:
Address for the
service of notices:
(NOTE 5)
| TERM OF LEASE | COMMENCING: | EXPIRING: | RIGHT OF RENEWAL: | (NOTE 6) |
| CONSENTS | (NOTE 7) |
| ……………………………………… ……………………………………… | ……………………………………… ……………………………………… | (NOTES 8 & 10) |
| …………………….. Registered on | ……………… | ………………………………………….. | (NOTES 9 & 10) |
| ITEM(S) DELIVERED — POSTED IN ACCORDANCE WITH DELIVERY INSTRUCTIONS | |
| Item | Agent/RGO Box No.Delivery Date*Postage NumberInitials |
| 1. | LIS UPDATED |
| 2. | Examiner to Initial |
| 3. | |
| 4. | |
| 5. | *Fill out Postage Number if Items are Returned by Certified Mail |
COVENANTS
It is hereby covenanted by and between the owner and the tenant as follows:
To comply with the provisions contained in a Memorandum of Common Provisions recorded in the Register as LTO No.
The conditions and covenants implied by sections 124 and 125 of the Real Property Act.
Rent and manner of payment.
Additional covenants. (NOTE 10)
SCHEDULE OF NOTES
This form may be lodged as in triplicate. The original must be typed or completed in ink or biro. The duplicate and triplicate may be a copy of the original but the signatures of all parties and their witnesses must be in ink or biro on the original, duplicate and triplicate. The lease must show the imprint of the Commissioner of Taxes (Stamp Duty). If the words "owner" and "tenant" are considerred inappropriate other words (lessor/lessee) may be used.
If there is insufficient space in any panel use the space above or an annexure sheet (Form 53).
Volume and Folio references must be given. If the transfer affects part only of the land in a title, consent under the Planning Act may have to be obtained. Any necessary diagram should be endorsed on the lease or on an annexure sheet (Form 53), or a survey plan deposited with the Registrar-General may be referred to.
Insert full name. Address is not required.
Insert full name including an address for the service of notices. The address can be a postal address.
Insert first day of the lease, last day of the lease and whether a right of renewal ("Yes" or "No").
Consents by prior registered interests should be provided. A lease which has not been consented to by a prior mortgagee will not be protected in the event of the mortgagee exercising the power of sale. Quote instrument number.
After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact address or telephone numbers below their signatures.
Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.
Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).
To be signed by a Practioner of the Supreme Court of the Northern Territory or by the tenant (if more than one tenant all must sign).
If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.
The lease may incorporate any common provision contained in a Memorandum of Common Provisions retained by the Registrar by reference to the provision in a way sufficient to clearly identify it e.g. by reference to the number of the memorandum and, if not all provisions in that memorandum are to apply, the numbers of the applicable provisions. The covenants are a guide only and may be added to or deleted as applicable.
_________________________
FORM 19 Section 116
NORTHERN TERRITORY OF AUSTRALIA
| S | L | No. Commissioner of Taxes use only |
LODGED AT THE REGISTRAR-GENERAL'S OFFICE
ON ………………… AT ……………………………
BY …………………. CORRECTION TO ………….
FEE ……………….. RECEIPT ……………………
DUPLICATE TITLE TO ………………………………
DUPLICATE SUB-LEASE TO ………………………. SUBLEASE
The owner of the lease subleases to the tenant the estate and interest in the land described and the tenant accepts this sublease of the land for the term and at the rent stipulated and subject to the covenants and conditions contained below or on the back of this document. (NOTES 1 & 2)
| ESTATE AND INTEREST | Lease being subleased: Number: |
| Register | Volume | Folio | Location | Parcel | Plan | Unit |
| (NOTE 3) |
| OWNER OF LEASE | Name only: | (NOTE 4) |
TENANTName:
Address for the service of notices:
(NOTE 5)
| TERM OF SUBLEASE | COMMENCING: | EXPIRING: | RIGHT OF RENEWAL: | (NOTE 6) |
| CONSENTS | (NOTE 7) |
| ……………………………………… ……………………………………… | ……………………………………… ……………………………………… | (NOTES 8 & 10) |
| …………………….. Registered on | ……………… | ………………………………………….. | (NOTES 9 & 10) |
| ITEM(S) DELIVERED — POSTED IN ACCORDANCE WITH DELIVERY INSTRUCTIONS | |
| Item | Agent/RGO Box No.Delivery Date*Postage NumberInitials |
| 1. | LIS UPDATED |
| 2. | Examiner to Initial |
| 3. | |
| 4. | |
| 5. | *Fill out Postage Number if Items are Returned by Certified Mail |
COVENANTS
It is hereby covenanted by and between the owner and the tenant as follows:— (NOTE 11)
To comply with the provisions contained in a Memorandum of Common Provisions recorded in the Register as LTO No.
The conditions and covenants implied by sections 124 and 125 of the Real Property Act.
Rent and manner of payment.
Additional covenants.
SCHEDULE OF NOTES
This form may be lodged in triplicate and may be adapted for an underlease. The original must be typed or completed in ink or biro. The duplicate and triplicate may be copies of the original but the signatures of all parties and their witnesses must be in ink or biro on all copies. The sublease must show the imprint of the Commissioner of Taxes (Stamp Duty). If the words "owner" and "tenant" are considered inappropriate other words (sublessor/sublessee) may be used.
If there is insufficient space in any panel use the space above or an annexure sheet (Form 53).
Volume and Folio references must be given. If the whole of the land in a title is to be leased no other description should be used. If the lease affects part only of the land in a title the description should also be given. Any necessary diagram should be endorsed on the lease or on an annexure sheet (Form 53), or a survey plan deposited with the Registrar-General may be referred to.
Insert full name of the owner of the lease (namely the tenant under the head lease and not the proprietor of the land). Address is not required.
Insert full name and an address for the service of notices. The address can be a postal address.
Details of dates of commencement and expiry must be shown. If there is a right of renewal, show "Yes" (if not "No").
Consents by prior registered interests should be provided. Quote instrument number. A sublease for which no consent has been obtained by a prior mortgagee will not be protected in the event of the mortgagee exercising the power of sale.
After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact address or telephone numbers below their signatures.
Persons who may witness this document are Commissioners for Oaths (including MLA's, MP's, legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and Notaries Public.
Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T.).
To be signed by a Practitioner of the Supreme Court of the Northern Territory or by the tenant (if more than one tenant all must sign).
If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.
The sublease may incorporate any common provision contained in a Memorandum of Common Provisions retained by the Registrar by reference to the provision in a way sufficient to clearly identify it e.g. by reference to the number of the memorandum and, if not all provisions in that memorandum are to apply, the numbers of the applicable provisions. The covenants are a guide only and may be added to or deleted as applicable.
______________________
FORM 20 Section 120
NORTHERN TERRITORY OF AUSTRALIA
| S | R | No. Commissioner of Taxes use only |
LODGED AT THE REGISTRAR-GENERAL'S OFFICE
ON ………………… AT ……………………………
BY …………………. CORRECTION TO ………….
FEE ……………….. RECEIPT ……………………
DUPLICATE TITLE TO ………………………………
DUPLICATE LEASE TO ……………………………...
SURRENDER OF LEASE
OR SUBLEASE
The lease or sublease over the land as specified for the value expressed and by mutual consent is surrendered to the extent as indicated. (NOTES 1—3)
| Lease or Sublease being surrendered | Extend of Surrender | (NOTE 4) |
| Register | Volume | Folio | Location | Parcel | Plan | Unit |
| (NOTE 5) |
| VALUE | (NOTE 6) |
OWNER
(NOTE 7)
TENANT
(NOTE 7)
| ……………………………………… ……………………………………… | ……………………………………… ……………………………………… | (NOTES 8 & 10) |
| …………………….. Registered on | ……………… | ………………………………………….. | (NOTES 9 & 10) |
| ITEM(S) DELIVERED — POSTED IN ACCORDANCE WITH DELIVERY INSTRUCTIONS | |
| Item | Agent/RGO Box No.Delivery Date*Postage NumberInitials |
| 1. | LIS UPDATED |
| 2. | Examiner to Initial |
| 3. | |
| 4. | |
| 5. | *Fill out Postage Number if Items are Returned by Certified Mail |
SCHEDULE OF NOTES
Not to be used for surrender of a Crown lease.
Surrenders may be lodged as an original only and must be typed or completed in ink or biro and must show the imprint of the Commissioner of Taxes (Stamp Duty). All signatures must be in ink or biro.
DIAGRAM DESCRIBING THE PARCEL OF LAND:
....................... ......................
Signed by the Lessee Signed by
on (Date) ............. on (Date) ............
in the presence of in the presence of
....................... ......................
_____________________________
FORM 56 Regulation 3(5B)
NORTHERN TERRITORY OF AUSTRALIA
No.
LODGED AT THE REGISTRAR-GENERAL'S OFFICE
ON AT
BY CORRECTION TO
FEE RECEIPT
MEMORANDUM FOR PURPOSES
OF NOTICE UNDER SECTION
56F OF THE TAXATION
(ADMINISTRATION) ACT
Notice is given that:
.............................. is the registered proprietor of the land described and is the corporation/subsidiary of the corporation which has failed to pay an assessment of duty chargeable under section 56M of the Taxation (Administration) Act.
The registration of any instrument affecting the land is restricted by virtue of section 56F of the Taxation (Administration) Act and the Commissioner of Taxes requests that the restriction be recorded in the Register.
_________________________________________________________
Register Volume Folio Location Parcel Plan Unit
_________________________________________________________
LAND
_________________________________________________________
_______________________________________________
STATUTORY
AUTHORITY COMMISSIONER OF TAXES
IMPOSING THE
RESTRICTION
_______________________________________________
_______________________________________________
EXTENT OR
NATURE OF As provided by Section 56F(2) of the
RESTRICTION Taxation (Administration) Act
_______________________________________________
......................... ..........................
Registered on Signed by the applicant on
(Date) ...................
in the presence of
.........................
At ..........................
__________________________________________________________
ITEM(S) DELIVERED - POSTED
IN ACCORDANCE WITH DELIVERY INSTRUCTIONS
__________________________________________________________
Item Agent/ Delivery *Postage Initials
RGO Box No. Date Number
__________________________________________________________
__________________________________________________________
* Fill out Postage Number if Items are Returned by Certified Mail
_____________________________________________
LIS UPDATED Examiner to Initial
_____________________________________________
SCHEDULE OF NOTES
The memorandum is lodged by the Commissioner of Taxes under authority of the law imposing the restriction.
The memorandum is lodged as an original only and must be typed or completed in ink or biro.
If there is insufficient space in any panel use the space above or an annexure sheet (Form 53).
The title need not be produced. Title reference and land description must be completed.
Print and sign the name of the Commissioner of Taxes or his delegate.
After witnessing the signing of the document, witnesses shall legibly write, type or stamp their names and contact addresses or telephone numbers below their signatures.
Persons who may witness this document are Commissioners for Oaths (including MLA's, MP'S legal practitioners, members of the Police Force), persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act, licensed real estate or business agents and notaries public.
Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act (N.T).
_____________________________
FORM 57
Section 142A(2)
Regulation 6
NORTHERN TERRITORY OF AUSTRALIA
NOTICE OF EXERCISE OF POWER
OF SALE PURSUANT TO
STATUTORY CHARGE
The claimant, a person entitled to the benefit of a statutory charge, serves on the registered proprietor this notice of exercise of power of sale pursuant to the charge.
(notes 1,2)
__________________________________________________________
Location Parcel Plan Volume Folio
__________________________________________________________
Land
__________________________________________________________
Proprietor Name:
__________________________________________________________
Address:
__________________________________________________________
Grounds for Sale
Amount outstanding
__________________________________________________________
Sale:
Place:
Date/Time:
__________________________________________________________
Action for avoiding sale: (note 9)
Payment of amount outstanding. This amount is all money that is a charge on the land, together with all costs relating to the registration of the statutory charge or to the proposed sale. For the purpose of ascertaining this amount, contact ............. Tel. ..........
Any other action proposed by the claimant that the registered proprietor may take to avoid the sale of land under the charge shall be set out. Any query shall be directed to Name .......... Address ........ Tel ......
__________________________________________________________
........................
Signature of claimant
Print Name .............
Address ................
........................
........................
Tel. ...................
(notes 3,8)
on (date)...............
in the presence of......
........................
(notes 4,5,6)
...........................
Correct for the purposes of the
Real Property Act(note 7)
SCHEDULE OF NOTES
Upon the expiration of 28 days after the service of this notice the person entitled to the benefit of the statutory charge over the described land intends to exercise the power of sale pursuant to the charge.
This notice must be typed or completed in ink or biro.
This notice can be made by a lawyer or agent if the Registrar-General is satisfied that the lawyer or agent is acting under authority.
After witnessing the signing of the notice, witnesses shall legibly write, type or stamp their names and contact addresses and telephone numbers below their signatures.
Persons who may witness this notice are Commissioners of Oaths, persons holding office under the Supreme CourtAct, Justices Act, Local Court Act or Registration Act.
Documents may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act.
To be signed by a Practitioner of the Supreme Court of the Northern Territory, a Licensed Conveyancing Agent or by the applicant.
If this notice is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.
The purpose of this provision is to inform the registered proprietor of the means by which a sale of the land may be avoided. Consideration should be given to the nature of the statutory charge when advising a registered proprietor pursuant to this provision.
_____________________________
FORM 58
Section 142A(2)
Regulation 6
NORTHERN TERRITORY OF AUSTRALIA
NOTICE OF EXERCISE OF POWER
OF SALE PURSUANT TO
STATUTORY CHARGE
A Council, entitled to the benefit of a statutory charge serves on the registered proprietor this notice of exercise of power of sale pursuant to the charge.
(notes 1,2,3)
__________________________________________________________
Location Parcel Plan Volume Folio
__________________________________________________________
Land
__________________________________________________________
Proprietor Name:
__________________________________________________________
Address:
__________________________________________________________
Grounds for Sale
Amount outstanding
__________________________________________________________
Sale:
Place:
Date/Time:
__________________________________________________________
Action for avoiding sale: (notes 2, 10)
Payment of amount outstanding at least 7 working days before the time fixed for the sale. The amount is all money that is a charge on the land, together with all costs relating to the registration of the statutory charge or to the proposed sale. For the purpose of ascertaining this amount, contact ............ Tel..... at least 10 working days prior to the proposed sale.
Any other action proposed by the Council, that the registered proprietor may take to avoid the sale of land under the charge shall be set out. Any query shall be directed to Name ......... Address ......... Tel ......
__________________________________________________________
....................
(signed) on behalf of
Council
Print Name .............
Address ..................
..........................
Tel. .....................
(Notes 4,9)
on (date) .......
in the presence of
...................
(Notes 5,6,7)
...............................
Correct for the purposes of the
Real Property Act
(note 8)
____________________
SCHEDULE OF NOTES
Upon the expiration of 28 days after the service of this notice the person entitled to the benefit of the statutory charge over the described land intends to exercise the power of sale pursuant to the charge.
If all monies that are a charge on the land, together with all costs relating to the registration of the overriding statutory charges are paid or a satisfactory arrangement is entered into at least 7 working days before the time fixed for the sale, the sale shall be cancelled.
This notice must be typed or completed in ink or biro.
This notice can be made by a lawyer or agent if the Registrar-General is satisfied that the lawyer or agent is acting under authority.
After witnessing the signing of the notice, witnesses shall legibly write, type or stamp their names and contact addresses or telephone numbers below their signatures.
Persons who may witness this notice are Commissioners of Oaths, persons holding office under the Supreme CourtAct, Justices Act, Local Court Act or Registration Act.
Notices may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act.
To be signed by a Practitioner of the Supreme Court of the Northern Territory, a Licensed Conveyancing Agent or by the applicant.
If the notice is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law..
The purpose of this provision is to inform the registered proprietor of the means by which a sale of the land may be avoided. Consideration should be given to the nature of the statutory charge when advising a registered proprietor pursuant to this provision.
_____________________________
FORM 59
Regulation 6(1)(d)
NORTHERN TERRITORY OF AUSTRALIA
NOTICE OF EXERCISE OF
POWER OF SALE PURSUANT
TO STATUTORY CHARGE
The claimant, a person entitled to the benefit of a statutory charge, serves on the person who has a registered interest in the land described below, this notice of exercise of power of sale pursuant to the charge.
(notes 1,2)
________________________________________________________
Location Parcel Plan Volume Folio
________________________________________________________
Land
________________________________________________________
Person who has a
registered interest
in the land Name:
________________________________________________________
Address:
________________________________________________________
Details of interest:
________________________________________________________
Grounds for sale:
Amount outstanding:
________________________________________________________
Auction:
Place:
Date/Time:
________________________________________________________
Action for avoiding sale: (note 9)
Payment of amount outstanding. This amount is all money that is a charge on the land, together with all costs relating to the registration of the statutory charge or to the proposed sale. For the purpose of ascertaining this amount, contact .............. Tel ......
Any other action proposed by the claimant that the person who has a registered interest may take to avoid the sale of land under the charge shall be set out. Any query shall be directed to Name ....... Address ...... Tel ......
________________________________________________________
......................
Signature of claimant
Print Name:...............
Address:..................
Tel:......................
(notes 3,8)
on (date) ........
in the presence of
..................
(notes 4,5,6)
Correct for the purposes of the
Real Property Act (note 7)
_______________________________
SCHEDULE OF NOTES
Upon the expiration of 28 days after the service of this notice the person entitled to the benefit of the statutory charge over the land described intends to exercise the power of sale pursuant to the charge.
This notice must be typed or completed in ink or biro.
This notice can be made by lawyer or agent if the Registrar-General is satisfied that the lawyer or agent is acting under authority.
After witnessing the signing of the notice witnesses shall legibly write, type or stamp their names and contact addresses or telephone numbers below their signatures.
Persons who may witness this notice are Commissioners of Oaths, persons holding office under the Supreme CourtAct, Justices Act, Local Court Act or Registration Act.
Notices may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act.
To be signed by a Practitioner of the Supreme Court of the Northern Territory, a Licensed Conveyancing Agent or by the applicant.
If the document is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.
The purpose of this provision is to inform the person who has a registered interest in the land of the means by which a sale of the land may be avoided. Consideration should be given to the nature of the statutory charge when advising pursuant to this provision.
_______________________________
FORM 60
Section 142A(4)(a)
NORTHERN TERRITORY OF AUSTRALIA
NOTICE OF EXERCISE OF POWER
OF SALE PURSUANT TO
STATUTORY CHARGE
The claimant, a person entitled to the benefit of a statutory charge, serves on the Registrar-General this notice of exercise of power of sale pursuant to the charge.
(note 1)
__________________________________________________________
Location Parcel Plan Volume Folio
__________________________________________________________
Land
__________________________________________________________
Proprietor Name:
__________________________________________________________
Address:
__________________________________________________________
Grounds for Sale
Amount outstanding
__________________________________________________________
Sale:
Place:
Date/Time:
__________________________________________________________
.....................
Signature of Claimant
Print Name .........:
Address .............
.....................
Tel. ................
(notes 2,7)
on (date)............
in the presence of
......................
(notes 3,4,5)
.............................
Registered on At
...............................
Correct for the purposes of the
Real Property Act (note 6)
SCHEDULE OF NOTES
This notice is lodged as an original only and must be typed or completed in ink or biro. This notice must be accompanied with a copy of the notice served on the registered proprietor pursuant to section 142A(2) and copies of notices sent to persons who have a registered interest in the land pursuant to Regulation 6(1)(d).
This notice can be made by a lawyer or agent if the Registrar-General is satisfied that the lawyer or agent is acting under authority.
After witnessing the signing of this notice, witnesses shall legibly write, type or stamp their names and contact addresses or telephone numbers below their signatures.
Persons who may witness this notice are Commissioners of Oaths, persons holding office under the Supreme CourtAct, Justices Act, Local Court Act or Registration Act.
Notices may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act.
To be signed by a Practitioner of the Supreme Court of the Northern Territory, a Licensed Conveyancing Agent or by the applicant.
If this notice is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.
___________________
FORM 61
Section 48A(1)
NORTHERN TERRITORY OF AUSTRALIA
APPLICATION TO
REGISTER STATUTORY
CHARGE
The applicant, a person entitled to the benefit of a statutory charge, applies to have a statutory charge on the land described, recorded in the Register pursuant to the grounds set out below.
(note 1)
__________________________________________________________
Register Volume Folio Location Parcel Plan Unit
__________________________________________________________
Applicant:
Address for the service
of notices:
__________________________________________________________
Details of statutory charge:
__________________________________________________________
......................
Signature of applicant
Print Name ...............
Address ..................
..........................
Tel. .....................
(notes 2,7)
on (date) ...............
in the presence of
..........................
(notes 3,4,5)
..................................
Registered on At
...............................
Correct for the purposes of the
Real Property Act. (note 6)
SCHEDULE OF NOTES
The application is lodged as an original only and shall be typed or completed in ink or biro.
This application can be made by a lawyer or agent if the Registrar-General is satisfied that the lawyer or agent is acting under authority.
After witnessing the signing of the application, the witness shall legibly write, type or stamp his or her name and contact address or telephone number below the signature.
Persons who may witness this application are Commissioners of Oaths, persons holding office under the Supreme Court Act, Justices Act, Local Court Act or Registration Act.
Applications may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act.
To be signed by a Practitioner of the Supreme Court of the Northern Territory, a Licensed Conveyancing Agent or by the applicant.
If the application is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.
_____________________________
FORM 62
Section 143(2)
NORTHERN TERRITORY OF AUSTRALIA
CANCELLATION OF THE
REGISTRATION OF
STATUTORY CHARGE
The applicant, a person registered as being entitled to the benefit of a statutory charge on the land described below and which charge has been spent, applies to the Registrar-General for the cancellation of the charge.
(note 1)
________________________________________________________
Location Parcel Plan Volume Folio
________________________________________________________
Land
________________________________________________________
Proprietor Name:
________________________________________________________
Address:
________________________________________________________
Details of statutory charge:
________________________________________________________
....................
Signature of applicant
Print Name ...........
Address ..............
Tel ..................
(notes 2,7)
on (date).............
in the presence of
......................
(notes 3,4,5)
...............................
Registered on At
...............................
Correct for the purposes of the
Real Property Act (note 6)
SCHEDULE OF NOTES
This application shall be lodged as an original only and must be typed or completed in ink or biro.
This application can be made by a lawyer or agent if the Registrar-General is satisfied that the lawyer or agent is acting under authority.
After witnessing the signing of the application, witnesses shall legibly write, type or stamp their names and contact addresses or telephone numbers below their signatures.
Persons who may witness this document are Commissioners of Oaths, persons holding office under the Supreme CourtAct, Justices Act, Local Court Act or Registration Act.
Applications may be witnessed in a place outside the Northern territory by any person qualified to do so in that place under the Oaths Act.
To be signed by a Practitioner of the Supreme Court of the Northern Territory, a Licensed Conveyancing Agent or by the applicant.
If the application is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.
__________________________________
FORM 63
Section 143(3)
NORTHERN TERRITORY OF AUSTRALIA
APPLICATION TO REMOVE
A STATUTORY CHARGE
OR ENCUMBRANCE FROM
THE REGISTER
The applicant, a person who has a registered interest in the land described below that has been subject, for more than 5 years, to a registered *statutory charge or encumbrance, applies to the Registrar-General for the removal of the *charge or encumbrance.
(note 1)
________________________________________________________
Location Parcel Plan Volume Folio
________________________________________________________
Land
________________________________________________________
Proprietor Name:
________________________________________________________
Address:
________________________________________________________
Details of *statutory charge
or encumbrance :
(original) Date of registration: (note 2)
________________________________________________________
......................
Signature of applicant
Print Name ...........
Address ..............
Tel ..................
(notes 3,8)
on (date).............
in the presence of
......................
(notes 4, 5, 6)
...............................
Registered on At
...........................
Correct for the purposes of the
Real Property Act. (note 7)
* delete which ever is inapplicable.
SCHEDULE OF NOTES
This application is lodged as an original only and must be typed or completed in ink or biro.
The owner’s copy of the certificate as to title to the land must be included with the application.
This application can be made by a lawyer or agent if the Registrar-General is satisfied that the lawyer or agent is acting under authority.
After witnessing the signing of the application, witnesses shall legibly write, type or stamp their names and contact addresses or telephone numbers below their signatures.
Persons who may witness this document are Commissioners of Oaths, persons holding office under the Supreme CourtAct, Justices Act, Local Court Act or Registration Act.
Applications may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act.
To be signed by a practitioner of the Supreme Court of the Northern Territory, a Licensed Conveyancing Agent or by the applicant.
If the application is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.
NOTE : THIS APPLICATION MAY CEASE TO HAVE EFFECT IF A PERSON, WHO IS ENTITLED TO THE BENEFIT OF A REGISTERED STATUTORY CHARGE OR ENCUMBRANCE ON THE LAND, OBJECTS TO THE PROPOSED REMOVAL OF THE CHARGE OR ENCUMBRANCE FROM THE REGISTER IN ACCORDANCE WITH SECTION 143(3) OF THE REAL PROPERTY ACT.
THE APPLICANT WILL BE ADVISED ACCORDINGLY.
FORM 64
Section 143(3)
NORTHERN TERRITORY OF AUSTRALIA
OBJECTION TO THE
REMOVAL OF A STATUTORY
CHARGE OR ENCUMBRANCE
The applicant, a person entitled to the benefit of a statutory charge or encumbrance, serves on the Registrar-General this notice of objection to the removal of the *statutory charge or encumbrance on the land described below.
(notes 1,2)
__________________________________________________________
Location Parcel Plan Volume Folio
__________________________________________________________
Land
__________________________________________________________
Proprietor Name:
__________________________________________________________
Address:
__________________________________________________________
Details of
*Statutory charge
or encumbrance:
__________________________________________________________
......................
Signature of applicant
Print. Name ..........
Address ..............
......................
......................
Tel. .................
(notes 3,8)
on (date).............
in the presence of
......................
(notes 4,5,6)
..............................
Registered on At
...............................
Correct for the purposes of the
Real Property Act (note 7)
* delete which ever inapplicable
SCHEDULE OF NOTES
The notice of objection shall be served on the Registrar-General within 28 days, after the applicant has been notified by the Registrar-General of the intention to remove the statutory charge or encumbrance from the Register.
The notice is lodged as an original only and must be typed or completed in ink or biro.
This notice can be made by a lawyer or agent if the Registrar-General is satisfied that the lawyer or agent is acting under authority.
After witnessing the signing of this application witnesses shall legibly write, type or stamp their names and contact addresses or telephone numbers below their signatures.
Persons who may witness this document are Commissioners of Oaths, persons holding office under the Supreme CourtAct, Justices Act, Local Court Act or Registration Act.
Applications may be witnessed in a place outside the Northern Territory by any person qualified to do so in that place under the Oaths Act.
To be signed by a Practitioner of the Supreme Court of the Northern Territory, a Licensed Conveyancing Agent or by the applicant.
If the application is to be signed by a corporate body it is to be authenticated by or on behalf of that corporate body in any manner permitted by law.
_____________________________
Notes
1. The Real Property Regulations, in force under the Real Property Act, comprises the Regulations 1990, No. 2 as amended by the other Regulations specified in the following table:
__________________________________________________________
Year and Date made Date notified Date of
Number in N.T. Gov commencement
Gazette
__________________________________________________________
1990, No. 2 29 Jan 1990 31 Jan 1990 1 Feb 1990
(See Reg. 2)
1990, No. 49 30 Nov 1990 12 Dec 1990 12 Dec 1990
1991, No. 49 27 Sept 1991 1 Oct 1991 1 Oct 1991
1991, No. 66 29 Nov 1991 11 Dec 1991 1 Jan 1992 (a)
1994, No. 30 31 Aug 1994 14 Sept 1994 1 Oct 1994
Act No. 92, 1998 11 Dec 1998
__________________________________________________________
(a)Regulation 1 of Regulations 1991, No. 66 provides as follows:
"These Regulations shall come into operation on the commencement of the Registration Amendment Act 1991.".
That commencement was 1 January 1992 (See N.T. Govt Gazette No. G49 of 11 December 1991, page 4).
(b)Regulation 1 of Regulations 1994, No. 30 provides as follows:
"These Regulations shall come into operation on the commencement of the Real Property Act (No. 2) 1993.".
That commencement was 1 October 1994. (See N.T. Govt Gazette No. G37 of 14 September 1994, page 2)
_____________________________
Table of Amendments
Regulation
3. Amended by 1994, No. 30
5.Amended by 1990, No. 49; amended by Act No. 92, 1998, s. 5
6.Repealed by 1991, No. 66; inserted by 1994, No 30
6.(1) Amended by 1990, No. 49
6.(3) Substituted by 1990, No. 49Schedule 1Amended by 1991, No. 66; 1994, No. 30
Schedule 2 Amended by 1990, No. 49; 1994, No. 30
Schedule 3Repealed by 1991, No. 66
_____________________________
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0
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