Application for Amalgamation of Allotments (RTA)

Section 223LJ of the Real Property Act 1886 (SA) lets the registered proprietor of two or more contiguous allotments apply to the Registrar-General to amalgamate them into a single allotment. The application must be in the appropriate form (Form RTA), executed by the applicant, accompanied by the prescribed fee and, if the Registrar-General requires it, a plan of the amalgamated allotment, and endorsed with the consents the Act requires (s 223LJ(2)). Any registered mortgagee or encumbrancee of the land must consent (s 223LJ(3)). If an easement benefits some but not all of the allotments, it can be extended to the whole new allotment when the servient owner and everyone with an interest in the servient land endorse their consent (s 223LJ(5)). On approval the Registrar-General cancels the old certificates of title and issues a new one for the combined allotment (s 223LJ(4)).

When you need it

• You own two or more adjoining allotments and want them on one certificate of title as a single allotment.
• The proprietorship of every title being amalgamated is identical, including names and mode of holding (joint tenants or tenants in common).
• You also want an existing easement that benefits only some of the allotments to benefit the whole new allotment.

1. 1

   Heading and supporting documents

   Insert the plan number if known. List any supporting documents lodged with the application, such as the plan of amalgamation, and complete the new title instructions for every title to issue.

2. 2

   Land description

   List each title being amalgamated, for example 'Whole of the land in CT Volume ... Folio ...'. If an easement's appurtenance is being extended, also list the servient land's title.

3. 3

   Applicants and the request

   Give the full name and address of every registered proprietor. Paragraphs (a), (c) and (d) ask for the amalgamation, deposit of the plan and a new title. Keep paragraph (b) only if you are extending an easement's appurtenance; otherwise strike it through.

4. 4

   Consents and statement of effect

   Each consenting party (mortgagees and encumbrancees, and for an easement extension the servient owner and its interest holders) gives their full name, address (and ACN or ABN for a company) and the interest they hold, such as 'Mortgagee under M 1234567'. In the statement of effect, show the interest affected and its effect, or write NIL (not N/A), and the consideration for stamp duty. Each consent must be dated.

5. 5

   Execution and certification

   Each party signs before an adult witness who is not a party and who prints their name, address and business hours phone number (s 267). If a lawyer or registered conveyancer signs under client authorisation, strike through the execution panel and complete the certification panel instead, deleting any certification that does not apply (s 273).

• An amalgamation is not on the Registrar-General's list of dealings that must be lodged electronically. Paper documents are lodged at Land Services SA, Level 9, 101 Grenfell Street, Adelaide, through the Face to Face service for members of the public or the Drop and Go service for industry professionals.
• If the appurtenance of an easement is being extended, the application must be assessed for stamp duty before it is lodged.
• The prescribed fee must accompany the application (s 223LJ(2)(b)). Check the current amount on Land Services SA's fees page or LTO fee calculator.
• Number every page consecutively (1 of 10, 2 of 10), print double sided where possible and use a Form B1 annexure sheet if a panel runs out of space.

• Registered mortgages and encumbrances must cover the whole of the land being amalgamated and cannot be adjusted within the RTA. The guidance notes suggest, for example, discharging a mortgage before the RTA and taking a new mortgage over the whole new allotment after it.
• If an applicant's or consenting party's name has changed, lodge an application to note the change of name before the RTA.
• Where a consent page exists for both personal execution and execution under client authorisation, only the one actually used needs to be lodged.