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Avoiding common errors in electronic conveyancing dealings

Avoiding common errors in electronic conveyancing dealings

By LIV

Conveyancing 

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Land Use Victoria (LUV) has advised the LIV's Property Law Committee that a large number of dealings made by practitioners using the electronic conveyancing system are being rejected or requisitioned on the basis of a number of simple errors.

These errors include:

  • Not nominating a title (such as not nominating an electronic certificate of title if that is required);
  • Providing incorrect names for parties, such as using a business name or the name of a superannuation fund rather than a legal entity; and
  • Getting title details wrong, such as confusing the benefited land with the burdened land where a restrictive covenant is being created (or inserting the same title particulars for both the dominant and servient tenements).

These errors are often only discovered after the PEXA process has been completed, that is, when LUV is to register the transaction.

Practitioners should ensure that they review the details in every dealing prior to lodging or settling a transaction. The practitioner signing the document and giving the certifications is the one ultimately responsible if the dealing is delayed by requisitions, registration is refused or, worse, the dealing is registered with an error making it ineffectual.

Compliance examinations

ARNECC has also published a Subscriber Compliance Examination Checklist in its Model Participation Rules Guidance Note 6 document. This may assist practitioners with understanding and avoiding some of the common errors associated with compliance examinations.

Practitioners should create a checklist for each file containing the items listed at clause 5.2 of the Guidance Note to ensure that there has been full compliance with the Registrar's requirements. The vital importance of doing so lies in the fact that if an audit uncovers unsatisfactory compliance the subscriber risks being suspended from using the ELN.

Title Limit in PEXA

LUV has advised that there is a limit of twenty titles permitted per instrument. As a result, practitioners should be aware that they may be required to open multiple workplaces on PEXA and may need to pay multiple fees or to undertake a paper transaction.

The Law Institute of Victoria is currently in the process of liaising with PEXA to address the issues arising out of this restraint.

 

Q&A with PEXA - Thursday 25 October 2018 9-11am. The LIV invites members to attend a Q&A to take advantage of the opportunity to put your questions and comments to PEXA, and other experts, for their responses and advice. Free to LIV members. Click here for more information and to register.


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