Redman Lynch Stream

Lodging

A streamlined legal solution for Redman Lynch to assist individuals, lawyers, conveyancers, financial institutions, accountants, government bodies and developers with lodging Title applications and subdivisions at the Land Registry as their lodging agent through an Electronic Lodgment Network Operator (ie PEXA or SPEAR).

Redman Lynch Stream Lodging is powered by a team of lawyers and paralegals with extensive knowledge and experience in lodging these type of dealings to deliver a cost effective and timely result for each client, especially given any lodging errors can result in paying multiple sets of lodging fees to achieve the result.

A lot of lodging agents just lodge the documentation, whereas Redman Lynch Stream Lodging can assist with completing all the evidentiary requirements and is just not the portal for lodging with your clients or directly with the individual.

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Stream Lodging involves specialist property lawyers lodging on behalf of individuals or corporations or outsourcing the lodging of title applications and subdivisions in Victoria on behalf of conveyancers, lawyers, government bodies and financial institutions.

It is also a referral network for Surveyors or Town Planners to refer their title application and subdivision clients/ developers to advise and lodge, which includes;

boundary amendments;
creation and extinguishment of covenants and easements;
lodging of subdivisions; and
dealing with roads, general law land, excess of hiatus land, crown land and reserves.

What is Stream Loging

Specialist lodging for complex dealings

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WHAT DOES STREAM LODGING INVOLVE?

Boundary and Title amendments

Redman Lynch can assist with all types of boundary and title amendments whether it is small title amendments to correct an error or large adverse possession claims of all types of land.

Boundary amendments

Adverse Possession - Section 60 TLA:

This application allows a person to acquire ownership of adjoining land that is tTorrens title of land where they have had continuous and exclusive physical and uninterrupted possession of the land for at least 15 years. Common examples include long-standing fence encroachments, use of side accessways, gardens or land occupied beyond the legal title boundary.

To book a strategy session fees are $500 plus GST. This includes a 30 minute discussion and 30 minute preparatory work.

Following any strategy session:

Fees for lodgment of the application at Land Use Victoria start at $4,000 plus GST and disbursements. Disbursements are the title searching and other required certificates costs which vary depending on the depth of searching required and Land Use Victoria registration fees.

Fees for a letter to the neighbour setting out your position is $1,500 plus GST and disbursements.

Further Details
Correction of Error Section – 103(2) TLA

This process is used to correct errors in the Register where land has been omitted, incorrectly described or where there is excess or hiatus land arising from historical title or survey inconsistencies. These matters commonly arise from old general law conversions, survey inaccuracies or historic subdivision issues.

Fees start at $1,000 plus GST and disbursements
Bona Fide Occupation - Section 99 TLA

A bona fide occupation application is used where occupation boundaries have existed and been accepted on the ground for at least 15 years, even though they do not align with the legal title boundaries. This often relates to long-standing fencing or occupation patterns affecting entire boundaries.fees start at $3,000 plus GST and disbursements
General Law Survey - possessory title - Section 15 TLA

This application relates to acquiring general law land through possessory occupation where the land has been occupied continuously and exclusively for at least 15 years. The process also converts the subject land into tTorrens title land). These applications are often more complex due to the historical nature of general law land records.

Fees start at $4,000 plus GST and disbursements. Disbursements are the title searching and other required certificates costs which vary depending on the depth of searching required and Land Use Victoria registration fees
Removal of Warnings on title dimensions- Section 26P TLA

Where land is subject to a “warning as to dimensions” or “warning as to subsisting interests on title (commonly known as a provisional folio), additional applications may be required to remove those warnings following a survey or boundary amendment process

This process is commonly undertaken in conjunction with:

Section 15 TLA, applications;

Section 60 adverse possession applications;

Section 99 bona fide occupation applications; or Section 103 correction of error applications.

Title amendments

General Law Search - Section 26J TLA

A general law search involves manually investigating historical “Not Under the Act” (NUA) land records through the Public Record Office Victoria and other historical registries to establish ownership and chain of title. These searches are commonly required for:

Section 14 TLA applications;

Section 15 TLA applications;

provisional folio investigations; and

identifying the last registered proprietor of historical land.

The process involves reviewing old memorials, deeds, applications and historical instruments to reconstruct the title history of the land

General Law Search
General Law Conversion (without Survey) - Section 14 TLA

Conversion of freehold (not possessory) general law land to torrens title land without a survey following a general law search. This can be completed with or without a provisional folio however normally a provisional folio is identified with a ‘warning as to substituting interests’ to remove this warning however ‘warning as to dimensions’ will remain if completed without a survey

Fees start at $1,500 plus GST and disbursements.
General Law Survey – freehold title - Section 15 TLA

Conversion of freehold (not possessory) general law land to torrens title land with a survey following a general law search of NUA land without a provisional folio

Fees start at $1,800 plus GST and disbursements.
Removal of Warning as to title dimensions Section 26P TLA

Conversion of freehold (not possessory) general law land to torrens title land with a survey following a general law search where there is a provisional folio with ‘warning as to survey’ to remove this warning

Fees start at $1,500 plus GST and disbursements.
Lost certificate of title application Section 31 TLA

Obtain a new folio of the Register replacing a lost physical certificate of title where all exhaustive measures have been undertaken to locate the physical title

Fees start at $1,500 plus GST and disbursements.
Amend name or registered proprietor address on title Section 32 TLA & Section 113(5) TLA

Applications can be made to update the registered proprietor’s name or address details recorded on title. Common examples include:

name changes following marriage or divorce;

correction of spelling errors;

company name changes; or

updating service addresses for notices.

The process generally requires supporting identification and legal documentation to verify the change before lodgement with Land Use Victoria

Not every legal solution needs to be complex.

Restrictions

Covenants

A restrictive covenant is a legal agreement that imposes a restriction on the use or development of land. It is typically negative in nature, meaning it prohibits certain actions or uses of the land. For example, a restrictive covenant may limit the height of buildings, restrict the number of dwellings that can be constructed, or prevent specific activities such as quarrying on the land.

Redman Lynch can assist with evaluating the most appropriate avenue to deal with the creation and removal of covenant, which, especially with removal of covenants, must be considered on a case by case basis depending on the nature of the covenant, the number of benefiting parties and current relationships between benefitting and burdening parties. Normally the Court approach is recommended over the Permit approach to remove an easement.

Memorandum of Common Provisions – Section 91A TLA

Restrictive covenants are commonly created as part of a transfer of land or plan of subdivision. Since a plan of subdivision can no longer contain lengthy covenant wording, covenants exceeding one page are generally incorporated into a Memorandum of Common Provisions (MCP).

The process generally includes:

drafting covenant terms tailored to the development or land use objectives;

preparation of the MCP in Land Use Victoria compliant format;

coordination with surveyors and subdivision plans;

ensuring the covenant properly identifies benefitting and burdening land; and

registration of the MCP and covenant on title.

This process is commonly used in residential estates, staged developments and bespoke development controls.

Fees start at $1,000 plus GST and disbursements.
Creation, variation or removal of Covenant by agreement – Section 88 TLA

Where all benefitting and burdening parties agree, a restrictive covenant can be created, varied or removed by agreement. This generally involves preparation of a deed and registration documentation to formally record the arrangement on title.

The process may involve:

reviewing the existing covenant wording and title structure;

preparing deeds of variation or creation;

obtaining consent from all affected landowners and mortgagees;

preparation of plans where required; and

registration through PEXA or Land Use Victoria.

This approach is typically the most efficient and cost-effective where all parties cooperate.

Fees start at $1,500 plus GST and disbursements.
Removal or variation of Covenant by force – Section 84 TLA

Where agreement cannot be reached, an application may be made to the Supreme Court to vary or remove a restrictive covenant. Assisting from doing the beneficiary searches of the covenant to instructing Counsel under an application to the Supreme Court. The Court may remove or modify the Covenant where:

the covenant is obsolete due to changes in the neighbourhood;

the covenant impedes the reasonable use of the land;

the covenant provides no practical benefit to beneficiaries;

beneficiaries have expressly or impliedly consented; or

removal would not substantially injure benefiting parties

These applications are highly specialised and assessed on a case-by-case basis.
Creation, variation or removal of Covenant by planning permit – Section 23 SA

Restrictive covenants may also be created, varied or removed through the planning permit process. This pathway generally requires involvement from town planners and licensed surveyors together with Council certification through SPEAR.

For removal or variation applications:

all benefitting landowners must be identified and notified;

Council must be satisfied that beneficiaries will suffer no detriment;

objections from benefiting owners are highly influential; and

Council must consider whether the proposal achieves an acceptable planning outcome.

The process generally includes:

beneficiary title searches;

planning permit applications;

preparation of text plans and subdivision documentation;

Council certification through SPEAR; and

registration of the amendment on title.

Where Council refuses the permit, review rights may exist through VCAT.

Fees start at $1,500 plus GST and disbursements.

Easements

An easement is a legal right allowing one landowner or authority to use part of another person’s land for a specific purpose. Common examples include rights of way, drainage easements, sewerage easements, carriageways and service infrastructure easements.

Unlike restrictive covenants, easements are often more effectively removed through the planning permit process rather than Court proceedings, as Court applications to extinguish easements generally require a very high evidentiary threshold.

Redman Lynch can assist with the creation, variation and removal of easements, including advising on the most commercially practical pathway.

Creation of Easement by force– Section 72(2) TLA

An easement may be created compulsorily by Court Order, commonly under section 36 of the Subdivision Act 1988 (Vic), where land requires access or services and agreement cannot be reached between parties. This frequently arises in development and planning permit contexts.

These applications are highly specialised and assessed on a case-by-case basis.
Removal of easement abandoned or extinguished – Section 73 TLA

An easement may be removed where it has been abandoned or extinguished. If agreement cannot be obtained from the benefiting owner, substantial evidence must generally establish that:

the easement has not been used for at least 30 years; and

the benefiting party intended to permanently abandon the easement rights.

The process commonly includes:

obtaining statutory declarations from owners and occupiers;

historical investigations and aerial imagery review;

surveyor and utility authority investigations where applicable; and

preparation and lodgement of the extinguishment application with Land Use Victoria.

The evidence requirements vary significantly depending on the type of easement involved.

Fees for lodgment of the application at Land Use Victoria start at $4,000 plus GST and disbursements. Disbursements are the title searching and other required certificates costs which vary depending on the depth of searching required and Land Use Victoria registration fees.
Creation or Surrender of Easement by agreement – Section 45 TLA

Where the benefiting and burdening party agree to create or remove the easement. The creation is completed on SPEAR and the removal on PEXA. Consent of Council is required if it is a carriageway easement in the form of a letter. For the creation of easement, the party for either the benefitting or burdening party is nominated in PEXA, easement description to accord with easement plan drafted by surveyor.

Fees start at $1,000 plus GST and disbursements.
Removal of Easement by permit – Section 23 SA

An easement may also be removed through a planning permit process where Council is satisfied that the easement is no longer required and removal produces an acceptable planning outcome.

Council will generally consider:

whether the easement is still required;

whether removal would materially prejudice the benefitted land;

servicing and access implications; and

broader planning considerations.

Fees start at $1,000 plus GST and disbursements.

Other

Recording or removal of Section 173 Agreement – Section 181 P&EA

Section 173 Agreements are registered agreements between landowners and responsible authorities, typically Councils, which restrict or regulate the use and development of land. These agreements are commonly required as part of planning permit conditions and remain registered on title.

Process includes either drafting the Section 173 Agreement or review the Section 173 Agreement drafted by Council and then arrange for execution, mortgagee consent (if any) and registration on title through PEXA.

Fees start at $1,500 plus GST and disbursements.

Subdivisions

Redman Lynch assists developers, statutory authorities, Councils and private landowners with all forms of subdivision registration throughout Victoria. We work closely with surveyors, planners, engineers, mortgagees and Land Use Victoria to ensure plans are structured and registered efficiently and correctly.

Two Lot, Three Lot + or Broadacre subdivision registration Section 22 SA

This process involves registration of standard residential, commercial, industrial or broadacre subdivision plans through SPEAR. These subdivisions can range from simple two-lot boundary realignments through to large multi-stage estates.

The process generally includes:

reviewing planning permit and certification requirements;

preparing and lodging SPEAR documentation;

obtaining mortgagee, caveator and authority consents;

preparing client authorisations and verification of identity requirements;

drafting easements, restrictions and related title documents; and

arranging registration of the plan at Land Use Victoria.

We regularly assist with subdivisions involving development sites, infill developments and rural land divisions.

Fees start at $1,000 plus GST and disbursements.
Residential, Industrial and Commercial Off-the-plan building subdivisions with or without owners corporations Section 22 SA

Off-the-plan subdivisions involve subdivision of buildings into separate lots, commonly apartments, warehouses, offices, storage units or mixed-use developments. These subdivisions often include complex common property and owners corporation structures.

Registering the plan of subdivision in SPEAR which includes obtaining any consents of mortgagees or caveators on title, drafting and Restrictions, obtaining verification of identity and client authorisations of the applicant, considering the number of owners corporations needed and if required (drafting owners corporation special rules and applications).

Fees start at $1,500 plus GST and disbursements.
Owners Corporation notification of making or amending rules Section 27E(1) SA or 142 OCA

Owners corporations may create or amend special rules governing the operation and management of common property and lots within a subdivision. Assist with:

drafting compliant owners corporation rules;

reviewing enforceability of proposed rules;

preparing resolutions and notices;

lodging amended rules with Land Use Victoria; and

advising on procedural requirements under the Owners Corporations Act 2006 (Vic).

Common rules relate to parking, signage, storage, use restrictions, architectural controls and management obligations.

Fees start at $1,500 plus GST and disbursements.
Staged Subdivision – Section 22 and 37 SA

Subdivisions which are done in a number of parts or stages where a plan is lodged that shows the lots in the first stage only and indicates that the balance of the land is to be subdivided at some later time. This provides greater deal of flexibility and saves costs doing it in stages such as after the first stage creating an owners corporations, creating or varying easements or covenants and changing land in prior stages during subsequent stages.

Fees start at $1,500 plus GST and disbursements.
Acquiring Authority Subdivision – Section 35 TLA

Acquiring authorities with compulsory acquisition powers may subdivide land under special statutory provisions. These matters commonly involve roads, utilities, drainage reserves and public infrastructure projects.

The acquisition may occur:

compulsorily under the Land Acquisition and Compensation Act 1986 (Vic); or

by negotiated agreement between the parties.

The process generally includes:

preparation and registration of subdivision plans;

coordination with acquiring authorities and surveyors;

advising on acquisition structures;

preparation of transfer documentation where required; and

registration of titles into the authority’s name.

Section 35(1) fees start at $3,500 plus GST and disbursements for acquisition by agreement

Section 35(8) where the acquiring authority owns the land already $1,000 plus GST and disbursements

These applications can streamline certain planning and subdivision requirements depending on the authority and acquisition structure.
Owners Corporation or Re-Subdivision – Section 32 TLA

Subdivisions affecting existing owners corporations often involve significant procedural and title complexities, particularly where common property boundaries are altered.

Common examples include:

subdivision or consolidation of lots;

creation or reduction of common property;

removal of land from an owners corporation;

amendment of lot liability and entitlement; and

redevelopment within existing strata developments.

These matters generally require:

unanimous owners corporation resolutions unless statutory exceptions apply;

drafting of resolutions and notices;

plan of subdivision preparation and registration;

title correction and restructuring work; and

advice regarding duty and post-settlement implications.

We also assist with rectifying title and owners corporation issues identified after settlement or development completion.

Fees starting at $4,000 plus GST and disbursements
Boundary amendment or NICO subdivision – Section 22 TLA

Land that is owned by a number of different people can be included in one plan of subdivision and will result in the creation of new lots. This is called a ‘Not in Common Ownership Subdivision’ and is commonly known by its acronym ‘NICO’. Its most commonly used is where there needs to be a change in boundaries between properties. In a situation where the boundary between two properties is to be relocated, a plan of subdivision will be done and that plan will relate to both properties. The effect of the plan will be to move the boundary. It will not, however, change ownership. So, when the new titles issue, the parts that were contained in the original titles will still be owned by those owners. It is, therefore, necessary to register a transfer of land after the registration of the NICO plan.

Fees starting at $4,000 plus GST and disbursements.
Separate Titles for multiple lots on one title Section 32 TLA

Section 32 of the Transfer of Land Act 1958 (Vic) provides a mechanism to register an application which separates multiple lots under the one folio of title without the need to complete a plan of subdivision.

Fees starting at $1,000 plus GST and disbursements.

Government/ Statutory

Redman Lynch regularly assists Councils, statutory authorities, developers and adjoining landowners with road status matters, road discontinuances, reserve removals and land vesting issues throughout Victoria and is on the Municipal Association of Victoria Panel. These matters often involve historical title investigations, planning considerations, public notice requirements and coordination with Land Use Victoria, surveyors and Council departments.

Application to vest in an authority – Section 59(1) of TLA

Section 59 applications may be used where land shown as road on title or plans needs to be formally vested into a statutory authority (like Council’s) ownership. These applications frequently arise in older subdivisions where roads exist physically or on title but were never formally transferred into Council’s name.

The process generally includes:

investigation of the road status and title history

review of historical plans and Government Gazette records;

preparation of subdivision and vesting documentation;

liaison with Council and Land Use Victoria;

obtaining any required authority consents; and

registration of the vesting of the road into Council ownership.
Vest or remove roads in Council - Section 24A SA

Section 24A allows roads or reserves shown on plans of subdivision to be removed, varied or vested in Council as part of a planning and subdivision process. This mechanism is frequently used where reserves are no longer required for public purposes or where land is being restructured for redevelopment.

Section 59 applications are commonly used where land shown as road on title or plans needs to be formally vested into Council ownership. These applications frequently arise in older subdivisions where roads exist physically or on title but were never formally transferred into Council’s name.

The process generally includes:

investigation of the road status and title history;

review of historical plans and Government Gazette records;

registration of the vesting of the road into Council ownership.
Road Discontinuation – Section 207D

A road discontinuance formally removes the status of a public road, allowing the land to be sold, consolidated with adjoining land or otherwise dealt with by Council.

Fees start at $1,500 plus GST and disbursements for the application and if required, $1,500 plus GST and disbursements for assistance with any conveyancing for the sale.

Finance

Redman Lynch assists lenders, borrowers, developers, insolvency practitioners and private individuals with mortgage and caveat registration matters throughout Victoria. We regularly act in relation to security interests over land, title encumbrances and registration requirements through PEXA and Land Use Victoria.

Mortgage Section 74 TLA

A mortgage registered on title provides security for repayment obligations and gives the mortgagee certain rights over the land in the event of default. Mortgages are commonly registered in favour of banks, private lenders and related entities.
Discharge of Mortgage Section 84(1) TLA

A discharge of mortgage removes a mortgage from title once the secured obligations have been satisfied or refinanced.
Caveat Section 89 TLA

A caveat is a notice recorded on title claiming an interest in land and preventing dealings from being registered without notice to the caveator. Caveats are commonly lodged in relation to:

purchaser interests;

option agreements;

loans and equitable mortgages;

constructive or resulting trust claims;

development agreements; and

family or estate disputes.
Withdrawal of Caveat Section 89 TLA

A caveat may be withdrawn voluntarily where the underlying interest has ended, settlement has occurred or a dispute has resolved. We also assist where caveats are disputed or removal applications are required through the Court process.

Estates

Redman Lynch assists executors, administrators and surviving proprietors with transmission applications and deceased estate title matters throughout Victoria. These applications are commonly required before land can be transferred, sold or refinanced following a death.

Application by Legal Personal Representative Section 49 TLA

Where a sole proprietor or tenant in common dies, the executor or administrator must generally register as proprietor before the property can be dealt with.
Application by Surviving Proprietor Section 50 TLA

Where land is held jointly and one proprietor dies, the surviving joint proprietor may apply to become the sole registered proprietor by survivorship.

Every application type we handle — from straightforward title amendments to complex subdivisions and title disputes.

Title Disputes

Redman Lynch assists landowners, developers, adjoining owners and statutory authorities with title disputes, caveats and objections relating to boundary amendments, adverse possession claims, easement removals and general law title applications throughout Victoria.

Caveat against General Law possessory title – Section 26R TLA

Where an application is made to convert possessory general law land into Torrens title land, interested parties may lodge a caveat objecting to the application. These disputes commonly arise where ownership, occupation or historical title rights are contested.
Caveat against Adverse Possession – Section 61(1) TLA

Where a person applies to obtain title by adverse possession, an affected owner or interested party may lodge a caveat preventing registration of the application.
Caveat against application to remove easement – Section 73(4) TLA

Where an application is made to remove or extinguish an easement, a benefiting owner may object or lodge a caveat to protect their rights.
Caveat against application to amend boundaries, area or position – Section 100 TLA

Where an application is made to alter title boundaries, dimensions or positions, affected landowners may lodge objections or caveats to prevent registration until the dispute is resolved.
Application to amend the register pursuant to a Court Order – Section 103 TLA

Where a Court has made orders affecting title ownership, boundaries, easements or interests in land, an application may be lodged to amend the Register in accordance with those Orders.

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Redman Lynch Stream LODGING Leader

Lydia Eastwood

an LIV Accredited Property Law Specialist who has extensive knowledge and experience in lodging these types of dealings acting for a number of conveyancers in conjunction with her role as a panel lawyer for the Australian Institute of Conveyancers (Victorian Division), sponsor and frequent presenter for the Institute of Surveyors Victoria and presenter at the Public Land Consultancy.

Lydia acts for a number of acts for private, corporate, not-for-profit and government clients and involved in producing a lodging guide.