Primary applications are used to convert titles to the provisions of the Real Property Act 1900. Primary applications may be used for:

Old system, qualified and limited land – This is where applicants can use a primary application to claim entitlement to an estate free of any limitations, a right known as an estate in fee simple. This entitlement is based on documentary or possessory title.

Easements – A primary application can also be used to claim entitlement to an easement based on a documentary title. In order for a claim to be successful

The land, which forms the whole or part of the dominant tenement, is the primary subject of the claim, and the entitlement to the easement is additional

Or

The land, which forms the whole or part of the dominant tenement, is under full Torrens title, held by the applicant, and where the applicant wishes to have the right entered as a notification on the already existing title.

Forms of Primary Application

Section 14 Primary Application (s.14 Real Property Act 1919)- This type of application will be lodged by the registered proprietor of an Old System parcel. A chain of deeds, which date back at least 30 years, must support the application and the boundaries of the parcel that is the subject of the application, must be defined in a new or recent survey attached to the application.

Section 31A Primary Application (s.31A Real Property Act 1919)– This type of application is lodged by a local council or government authority subsequent to acquisition, or resumption by notice in the Government Gazette. In the application, the parcel boundaries may either be surveyed and outlined in a new plan, or a plan already on public record may be relied upon.

It is also possible to convert an easement to Torrens title. This is done by lodging a Statement of Title Particulars in relation to the dominant tenement. This requires a Conversion Action to be prepared and a new Qualified/Limited Certificate of Tile to be created. A request can then be lodged which asks that the easement be noted on the title. This request should include an Old System search that proves that those granting the deed have good title to create the easement.

Plan Requirements

As outlined above, all primary applications made under s.14 Real Property Act 1900 must be accompanied by a new or recent survey. The survey should be lodged with the s.14 application and will be registered as such. While there is a fee to submit the primary application, there is also a fee to lodge the plan. Furthermore, where Torrens Title land is included in the plan, the certificate of title must also be produced or lodged.

All normal requirements for signatures, subdivision consent and section 88B instruments apply to the plans lodged with such applications.

There are however, certain exemptions from the requirement. A new plan of survey will not be required where the parcel is a lot in a registered deposited plan which also:

Contact Us

If you require advice or assistance with a primary application, or any other property or conveyancing matter, contact Szabo & Associates Solicitors today

To speak with one of our specialist solicitors, call us on (02) 9281-5088 or fill in the contact form to the right of this page.