Transfer of an estate-in-remainder

Form  01TK (PDF 100KB)

Dealing type - TK

NOTE   Only to be used to transfer an existing estate-in-remainder. Not to be used to create an estate-in-remainder: for that purpose use from 01T.

Stamp duty - required. The number of title references as indicated by the Office of State Revenue must agree with Note (A).

Any alteration to the title reference, tenancy, interest/share, consideration, or change to the names of the parties must be marked. A minor change in spelling that does not alter the identity of a party, or an alteration of the estate from fee simple to leasehold, may be ignored.  The addition of a name must be marked.

Certificate of Title - required.

NOS form -  not required.

Standard form of Caveat - prevents registration.

Priority Notice noted on the Register - see Priority Notice page. 

The dealing must not include any reference to the transferor or transferee being a trustee, executor or administrator for another party.

Where a notification on the Register refers to:

  • a restriction on Crown land
  • s17(1)(a) Darling Harbour Authority Act 1984, and the transfer is to or by a person other than the Sydney Harbour Foreshore Authority, the restriction must be removed by or be consented to by the Sydney Harbour Foreshore Authority prior to lodgment
  • s3 Housing Agreement Act 1973 or s14A Housing Act 1976, the restriction must be removed by Landcom prior to lodgment or
  • s11(2) Environmental Planning and Assessment Act 1979, the restriction must be removed by or be consented to by the Minister administering the Act prior to lodgment.

(A)  The reference to title for the land being transferred must be stated.

Reference to ad medium filum (middle of the river) in the land description will be ignored.

(C)  The full name of the transferor must be stated (and in the case of a corporation must include its ACN) and must be identical to the name of the registered proprietor as shown on the Register.

A transfer by:

  • a company under administration must be drawn in the name of the company and the name must be followed by the words "under administration"
  • a company in liquidation must be drawn in the name of the company and the name must be followed by the words "in liquidation"
  • a company in receivership must be drawn in the name of the company and the name must be followed by the words "in receivership".

A transfer pursuant to an Order of the Family Court of Australia must be drawn in the name of the relevant registered proprietor as transferor, see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [395.250].

(D)  The consideration is optional. 

(E)  The share being transferred must be stated.  Only complete if less than the whole of the transferors interest or share is being transferred.

(F)  A writ must be noted in the Encumbrances, or the Court must consent to the transfer, or the writ must be removed.

(G)  The full name of the transferee must be stated (and in the case of a corporation must include its ACN).

A transfer by direction, ie. intervening parties between the transferor and the transferee, must state the full name of the transferee.  The full names of the intervening parties may also be shown either on an annexure or at Note (C). See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [549.500].

(H)  Tenancy/shares must be stated where there is more than one transferee.

(I)  The dealing must be executed by the transferor and the transferee and be witnessed, or it may be executed on their behalf as follows:

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Transferor Tick Cross Tick Cross
Transferee Tick Tick Tick Tick

A transfer by a company under administration, in liquidation or in receivership must be executed by the administrator, liquidator or receiver and the capacity must be stated.  The dealing may be signed under the seal of the company and no witness is required, or signed without the seal and the execution must be witnessed.

A transfer may be executed by the Australian Securities and Investment Commission (ASIC) pursuant to s601AF Corporations Act 2001 (Commonwealth) where the transferor is a deregistered company.

For a transfer executed by a trustee not vested for a debtor pursuant to s188 Bankruptcy Act 1966, see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [30.900].

Staff processing information

If in order proceed with registration except for the following.

Refer to Legal through the Senior Examining Officer

A transfer:

  • by the transferor's attorney for a nominal sum or no consideration.
  • to the transferor's attorney.
  • in favour of a company in liquidation.
  • where there is doubt as to the corporate status of the transferee.

Registration procedure

CODE (name)    P, C or Q  [name of transferee; include all current registered proprietors]

TENANCY    S, J2 etc, T etc.