Common e-dealing rejection reasons updated
The most common e-dealing rejection reasons have been updated on this website for October 2009. These have been published, along with suggested prevention methods, to assist conveyancing customers with faster registration and to reduce rework.
We have also added the 'most common e-dealing instruments rejected' to help you reduce your firm's rejection rate.
It is particularly important at this time of year to ensure your e-dealing transactions are correct and require no rework. This will help you deliver any new title dealings to your clients prior to the Christmas break.
e-dealing watch points for practitioners
e-dealing watch points are continually being added to. You will find these and links to other e-dealing related articles on this website.
Who holds the mortgagee consent for an easement (E) or easement instrument (EI)?
If there is a mortgage on one of the titles affected by an easement, a special certification will display for the grantor's representatives. If the title with the mortgage is the servient tenement then the mortgagee's consent is required, and the grantor's representative will need to certify that they hold the mortgagee's consent.
If there are multiple grantors with different practitioners, the special certification will display for each grantor's representative. In most cases, the grantor's representative acting for the clients whose title has an existing mortgage, will have obtained the consent and will hold the consent on their file.
The grantor's representatives acting for the other titles should obtain a copy of the consent that he/she is satisfied is an authenticate copy of the original and hold this on file. Once the authentic copy of the consent has been obtained, the practitioner can certify the mortgagee's consent special certification.
Land covenants - e-dealing facts
Some conveyancing professionals have raised questions regarding the:
- creation of new land covenants
- variation of existing land covenants, and
- surrender of land covenants
The main queries have been around A&I requirements and the appropriate codes to use.
The simple facts of land covenants are as follows:
- Land covenants should be created using the instrument code of EI (Easement Instrument). Note: if the land covenant is included with a transfer of the land then the code should be TE.
- Variations of land covenants should be created using the instrument code of VE (Variation of Easement).
- Surrenders of land covenants should be prepared using the instrument code of SE (Surrender of Easement). Note: if the surrender of a land covenant is included with a transfer of the land then the code should be TSE.
- EI, TE, VE, SE and TSE are all image only instruments, and for all of these instrument types:
- an image of the instrument setting out the conditions of the land covenant will need to be attached to the instrument
- these require electronic certifications under s164A of the Land Transfer Act to be completed by the Conveyancing Professional (CP)
- A&I forms are required from all parties
- consents may be required from any mortgagee and/or encumbrancee in accordance with s90E(3) of the Land Transfer Act 1952.
The Landonline instrument type of Covenant (COV) should not be used for land covenants. Land covenants have been specifically excluded from the description for COV (i.e. Covenant [All types except Land covenants]) and RCOV (i.e. Revocation of a Covenant [all types except land covenants]), so these codes should not be used for land covenants.
Other covenants:
- Other types of covenants (e.g. open space) should be created using the instrument code of COV. These will not require A&I forms, but will need to be executed in the normal manner.
- Surrenders/revocations of other types of covenants should be prepared using the instrument code of RCOV. These will not require A&I forms, but will need to be executed in the normal manner.
Spelling error FAQ updated
For conveyancing professionals who submit a transfer instrument and make a typographical error in the transferee's name, advice on what to do next has been updated on this website.
Registration error FAQ added
What should I do to correct the register if I have made a mistake? You will need to lodge new instruments to put the titles into the state intended by the parties. This may require additional authorities from the parties. For two examples of registration errors and how to correct them, see the full FAQ on this website.
