Textual Qualifications (Qualifications on Title) are used by the lawyer to provide additional information that is relevant to the parcel. This is often due to the fact that the information being provided cannot be formatted to fit in the appropriate category (benefits, burdens, recorded interests, etc).
A textual qualification (TQ) can be added to an AFR pursuant to S 11 of the Regulations as follows;
Textual qualifications
11 (1) An authorized lawyer submitting an opinion on title in an AFR or a certificate of legal effect may include a textual qualification if the lawyer is of the opinion that the textual qualification is the only means to provide a complete statement of all the interests affecting the parcel.
(2) A textual qualification must meet all of the following criteria:
(a) it must include a clear statement of the certifying lawyer’s opinion about its effect;
(b) it must form part of the authorized lawyer’s certificate of legal effect or opinion of title;
(c) it must not limit, contradict or make ambiguous any other information in the parcel register, including the legal description.
If the interest is an unrecorded one, submitters should select the "Unregistered Interest" button and add the interest holder name and address (or PID) and interest type in the appropriate section. While we encourage our submitters to use this option, they are also permitted to show the interest in a textual qualification.
If a TQ shown on an AFR states that a benefit or burden exists, it must also appear in the parcel description. If it does not, then this would be deemed as a mismatch and staff would have to reject the AFR and advise the submitter accordingly. Either the information in the TQ or the parcel description is incorrect. The lawyer must review and correct the discrepancy.
If a TQ is shown on an AFR that says that a benefit or burden may exist or that they have identified a benefit or burden but are not in a position to certify to that benefit or burden, it cannot appear in the parcel description. If the benefit or burden does appear in the parcel description, then this would be deemed as a mismatch and staff would have to reject the AFR and advise the submitter accordingly. Unless the lawyer is prepared to certify the interest, the interest is not to be shown in the parcel register. Either the information in the TQ or the parcel description is incorrect. The lawyer must review and correct the discrepancy.
*NOTE: If the lawyer states that there may or could be a burden, the TQ must provide their opinion, i.e. that either they are certifying to the burden or that they make no certification. If their conclusion has not been provided the TQ will not be acceptable since it does not comply with S 11 (2) (a) of the Regulations, as noted above.
Lawyers may add a TQ stating that a benefit or burden that appears in the description is not in effect as yet, but will take effect upon conveyance of the parcel. This allows them to update the parcel description in advance and not have to do an amending PDCA when the benefit or burden is added on Form 24.
See also AFR Checklist