Transfer

Form  01T (PDF 98 KB)

Dealing type - T

For a transfer:

  • where the property is transferred for other than a sum of money (e.g. pursuant to an order of the Family Court) - use form 01TWC
  • for the sole purpose of altering the tenancy of all the registered proprietors from joint tenants to tenants in common in equal shares or from tenants in common in equal shares to joint tenants - use form 01JT
  • by fewer than all the registered proprietors to themselves for the sole purpose of severing their joint tenancy - use form 01TJ
  • of a joint tenant's interest to a person other than the existing joint tenants, or a transfer of a joint tenant's interest to one or more joint tenants but not to all joint tenants – use form 01JI
  • of a timeshare - use form 01TF
  • of an estate in remainder - use form 01TK (Note  If creating an estate for life and an estate in remainder, use this form, i.e. form 01T)
  • of minerals or coal from a title - use form 01TQ.

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.

Not required for a transfer:

  • creating a life estate where the transferor is a party to the life estate
  • to the Greek Orthodox Archdiocese of Australia Consolidated Trust from a person who holds land on behalf of a Greek orthodox parish or congregation (see s21A Greek Orthodox Archdiocese Of Australia Consolidated Trust Act 1994): a statutory declaration is required to show how the land is held by the transferor.

Certificate of Title - required for:

  • the land being transferred
  • the land being transferred and the common property, where the transfer is of land adjoining the strata scheme to an Owners Corporation of a Strata scheme.
  • the lot and the common property where a lot is transferred to an Owners Corporation of a Strata scheme
  • the lot and the Association property where a lot is transferred to an Association of a Community Title scheme
  • where the sole purpose of the transfer is to alter the tenancy without any change to the share distribution.

NOS form - required. Panels 1, 2, 3, 4 and 5 require completion. Note  Where a transfer of part being road and a Note (NB) on the title refers to a DP for the purposes of the Roads Act 1993, the property address on the NOS form must recite the new lot and DP number, not the street number.

Standard form of Caveat - prevents registration.

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

Minister's consent may be required for certain Crown land tenures and Crown land Real Property Act leases.

Also see information on a transfer involving:

A transfer exempt from payment of the lodgment fee must state the legislative basis for exemption either on the dealing or in an attached letter. The following legislation contains a fee exemption for a transfer:

  • s10 Financial Corporations (Transfer of Assets and Liabilities) Act 1993
  • s31 Freight Rail Corporation (Sale) Act 2001
  • s40 Roads Act 1993
  • s196(2) Roads Act 1993, and
  • s21 University of New England Act 1993.

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 or consented to or the transferor must be the Department of Housing prior to lodgment
  • 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
  • s24 Housing Act 2001 must be removed by or consented to or the transferor must be the Department of Housing prior to lodgment.

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

A transfer that attempts to dispose of part of the land in a multiple ownership folio, e.g. 'as regards the part formerly comprised in ...', and does not resolve or attempt to resolve the multiple ownership, may contravene s23F and s23G Conveyancing Act 1919.

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'.

For a transfer by the Owners Corporation of common property in a Strata scheme, see s33 Strata Schemes Development Act 2015. Refer to SM99, see Baalman and Wells, Land Titles Office Practice, Lawbook Co. 2001 [535.600].

For a transfer by the Association of Association property in a Community Title scheme, see Baalman and Wells, Land Titles Office Practice, Lawbook Co. 2001 [68.150f.].

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. Where shown, consideration stated must agree with the purchase price stated in the NOS form. If it is intended not to show the value of the consideration on the transfer form, marginal note (D) should refer to where consideration is shown, e.g. 'see contract dated 1/1/2000' or 'see NOS form'.

(E) If other than an estate in fee simple is being transferred, the words 'fee simple' must be deleted and the appropriate estate inserted. If more than one type of estate is being transferred, the particular estate of the references to title at Note (A) must be indicated.

A transfer may create a life estate and estate in remainder. The type of estate to be held by the transferee must be stated, e.g. by using defining words such as 'for life', 'for the term of his/her life', 'for an estate in remainder' etc.

A transfer severing minerals from the title must use the operative word 'excepting'. See Baalman and Wells, Land Titles Office Practice, Lawbook Co. 2001 [345.400].

A transfer may except physical objects, e.g. a transfer by the Water Board excepting 'watermains, sewers, manholes and other appurtenances'.

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

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

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

A transfer to a statutory authority that is not a State owned corporation must be drawn in the name of Her Majesty Queen Elizabeth the Second on behalf of the responsible Minister. The transfer will be registered to show 'Her Majesty Queen Elizabeth the Second ([name of the relevant department or authority])' in the First Schedule, e.g. 'Her Majesty Queen Elizabeth the Second (State Rail Authority)'.  No notifications, except for those listed, will be removed from the Second Schedule. A certificate of title will be issued. Note  This does not make the land Crown land for the purposes of the Crown Lands Act 1989.

See transfer to a lessee, mortgagee or chargee page.

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].

A transfer of whole to Roads and Maritime Services must be accompanied by a letter advising:

  • whether the land is required for road purposes or not; and
  • if the title is to issue or not.

Whenever the abovementioned letter is not lodged with a transfer of whole to Roads and Maritime Services a requisition must be raised.

Where the transfer is for road purposes, enter additional notification code LRP.

Where a title has been furnished and will not re-issue, a 'NB' notification should be entered on the folio of the Register viz: 'Edition .............. produced and destroyed'.

If the transfer to Roads and Maritime Services is for part submit to SM99.

An expired lease with an option to purchase will be removed from the Torrens Title Register on registration of:

  • a transfer to the lessees, or
  • any other dealing accompanied by a statutory declaration by the lessee, lessor or the lessor's solicitor stating that the option was not exercised.

Where a current lease with an option to purchase is noted on the Torrens Title Register, a transfer to parties other than the lessees must be accompanied by a statutory declaration by the lessee, lessor or the lessor's solicitor stating that the option was not exercised.

Where, as a result of the registration of a transfer, the proprietor of the estate and of a registered interest is one and the same person, the interest is not automatically removed. A 28 day notice must be sent inviting the lodgement of a Request (form 11R) to merge the fee simple and the registered interest.

If the estate and registered interest are not merged, the registered interest will remain on title.

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

(J) 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].

Where the transferor or transferee is the Owners Corporation of a Strata scheme, execution must take the form as set out in Strata Schemes Approved Form 23 (PDF 128 KB). The following certificates are also required:

  • Strata Schemes Approved Form 13 (PDF 23 KB) and
  • Strata Schemes Approved Form 10 (PDF 8 KB) where the initial period is not shown as expired on the common property title.

Note: Approved form 13 is not required where the owners corporation disposes or otherwise deals with any lot vested in the owners corporation as a result of a subdivision effected under s.13 of the Strata Schemes Development Act 2015.

Where the transferor or transferee is the Association of a Community, Precinct or Neighbourhood scheme, execution must take the form as set out in Community Title Schemes Approved Form 18. A certificate as in Community Title Schemes Approved Form 21 is also required.

See execution requirements for companies, witnesses etc pages.

(K) This section is to be completed where the notice of sale data (see NOS form above) has been forwarded to LPI through the eNOS facility.

Staff processing information

If in order proceed with registration except for the following.

Refer to DRD2 (before acceptance for lodgment)

Where the transfer attempts to dispose of part of the land in a multiple ownership folio.

Refer to SD31

  • involving Crown land
  • involving an Aboriginal Association, Corporation, or NSW/Local Aboriginal Land Council
  • Where the notification code RCP is noted on the Register (the notification will include 'Restrictions on Dealings and Subdivision').
    Note:  The transfer must not be registered until the notification is removed.

Refer to SD52

A transfer:

  • where a joint tenant transfers their interest to a person other than the existing joint tenant.
  • where a joint tenant transfers their interest to one or more joint tenants but not to all joint tenants.

Refer to SM99

Where the transfer:

  • affects part of the land
  • involves consolidation of share folios
  • excepts physical objects, minerals, mines, surface or sub-surface
  • refers to s40 Roads Act 1993
  • is to Roads and Maritime Services and a Note (NB) refers to a plan of acquisition or Government Gazette notice
  • affects a folio of the register with a proposed acquisition notification and the transfer is to the acquiring authority
  • affects a folio of the Register with a notification referring to a drainage reserve, public garden and recreation space, ie a public reserve, or temporary road
  • affects a folio of the Register with a Registrar General's caveat K200000R noted on it.
  • affects an owners corporation of a strata scheme as transferor or transferee

Refer to Legal through the Senior Examining Officer

A transfer:

  • by a Local Council of a public place, cemetery, or land that is subject to a trust
  • by the transferor's attorney for a nominal sum or no consideration
  • from a company 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.
  • involving a recission of a resumption of non Real Property Act land, then refer to SM99

Registration procedure

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

TENANCY    S, J2 etc, T etc.

Transfer to Roads and Maritime Services for road purposes

ADD. TRANSACTION     ON

PRIME CODE     LRP


Where the title has been furnished and will not re-issue

ADD. TRANSACTION     ON

PRIME CODE     NB

DETAILS  ‘Edition [Edition number] produced and destroyed’.