Office Circular No. 6-2003




Land Titles Amendment Regulations 2003

The Land Titles Amendment Regulations 2003 were introduced in October 2003. They extended Regulation 13(1)(i), where a witness to an application or dealing already had to provide their full name address and occupation, to cover all parties to an application or dealing. The amendment is unfortunately in response to solicitors' refusal to comply with a requisition for names and/or addresses of transferees on the basis that there was no legislative authority for such a requisition. The Amendment Regulations provide the requisite authority.

The residential address is used for identification purposes. "Residential address" is the term for address used by the Office of Parliamentary Counsel.

Requisitions will only be raised when required. In effect it will be business as usual, with common sense continuing to be used when raising requisitions.

However, it is still the case that addresses should be given in all instances for transferees, mortgagors, etc.

It should be noted that addresses are required for the purposes of section 168(2) of the Land Titles Act 1980 in relation to the service of notice.

Recorder of Titles
10 December 2003