In New Landonline you can partially discharge or withdraw as to part of the land or as to another interest against an affected instrument.
If you partially discharge the same instrument multiple times against the same titles in the same dealing it will step down to Lodge.
Mandatory fields are marked by a red asterisk * and must be completed for successful pre-validation, certify and sign, and submission.
Step 1: Navigate to the Prepare instrument page
To access the Prepare instrument page you can:
- Select the instrument hyperlink to navigate to the Prepare instrument page when an instrument is collapsed.
- Select the Prepare button when an instrument is expanded.
- Use the menu that looks like a 3-dot icon at the end of an instruments row and select Prepare instrument.
Step 2: Select Complex mode
Select Complex to change to this mode. For help on preparing in Titles or Share/Interest mode, go to:
Prepare a full discharge or partial discharge instrument
Prepare a partial discharge in Share/Interest mode.
Step 3: Check the instrument number is correct, or the field is blank
Check the instrument number is correct or if the Affected instrument field is blank.
Use the drop-down menu to select the relevant instrument from the list.
If the field is blank and there are no options in the drop-down menu, there are no instruments to discharge on the title for this instrument type.
Step 4: Enter description of part of the land, if needed
If you’re discharging or withdrawing the affected instrument over only part of the land, enter the description of the part of the land into the Description of Part (if applicable) field. This is a free text field.
Ensure you include all the details required, such as Part Section Block X 1 Wellington Survey District (Lot 1 DP 1234567).
This instrument will step down to Lodge if this field is used.
Step 5: Choose the interest holder's names
The existing Mortgagee/Encumbrancee/Caveator/Charge Holder/Claimant will automatically display but is read-only. However, use the:
- Change due to pending dealing toggle above the Affected Instrument to edit, add or delete the names displayed. For example, use when an instrument in a prior dealing or a prior instrument in the same dealing is changing an interest holder's name.
- Revert / Update button to re-set the interest holder’s name to reflect the Register or to update names from any prior instrument in the dealing. For example, if the interest holder details have been edited using Change due to pending dealing, it will revert to what is recorded on the Register. Or, if a prior instrument has been added to your dealing which changes the interest holder, using Revert / Update will pull through the updated names.
Step 6: Clarify the intent, if needed
If necessary, to clarify the intent of the discharge on the registered instrument enter information into the Clarify intent (if required) field. This is a free text field.
Ensure you clearly explain the intent, such as 'To the effect that the residue of the title [title ref] remains subject to the caveat'.
This instrument will step down to Lodge if you enter text in this field.
Step 7: Uncheck Reserve personal covenants, if needed
If applicable, when discharging a mortgage or encumbrance, uncheck the Reserve personal covenants checkbox if the parties haven’t made these arrangements relating to the rights and remedies of the Mortgagee/Encumbrancee.
Step 8: Preview the instrument
The Summary tab will automatically update and display a read-only summary of some key details entered on the left-hand side of the page.
Use the Preview instrument button to view, print or download the full instrument preview, including any ‘Add Text’ fields, certifications and signatures.
Step 9: Save the instrument details
Save the instrument details located at the bottom right-hand side of the page.
Use Save to save the information and remain on the Prepare instrument page.
Use Save & back to save the information and return to the Instruments & Roles page.