Transfer by a Joint Tenant

Form  01JI

Dealing type - JI

This form must be used to effect a change to the First Schedule of a Folio where:

  • a joint tenant transfers their interest to a person other than the existing joint tenant, thereby severing the joint tenancy.
  • where a joint tenant transfers their interest to one or more joint tenants but not to all joint tenants, thereby severing the joint tenancy between the transferor and the remaining joint tenants.

Note: Requirements for Transfer form 01T may also apply to this dealing.

Stamp duty - required. The number of title references as indicated by Revenue NSW 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 - required. Panels 1, 2, 3, 4 and 5 require completion.

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.

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

(C) The full name of the transferor must be stated and must be identical to the name of the registered proprietor as shown on the Register.

(D) The consideration is optional.  A consideration stated must agree with the purchase price stated in the NOS form.

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

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

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

(H) 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

 

See execution requirements for companies, witnesses etc. pages.

(I) 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.

(J) The statutory declaration must be made by the transferor or, where the transferor is a corporation, by an authorised officer of the corporation, and must be witnessed by a prescribed functionary.  Where the declaration has been made outside NSW reference to the Oaths Act 1900 must be deleted, the relevant Act must be inserted and the alteration verified.

Item 1: the statement "I am not subject to any legal constraint which would prevent me severing the joint tenancy" must not be altered or deleted, except where the statutory declaration is made by the attorney for the transferor.  The statement should be modified to read: "I [attorney’s name], am not aware of any legal constraint which would prevent [transferor’s name] severing the joint tenancy".
Item 2: the statement “The remaining joint tenant(s) is alive;” must not be altered or deleted.
Item 3: the statement “I do not hold the estate in a fiduciary capacity;” must not be altered or deleted, except where the statutory declaration is made by the attorney for the transferor.  The statement should be modified to read: "The transferor does not hold the estate in a fiduciary capacity”.
Item 4: the full name and residential address of the other joint tenant must be stated.  A Post Office or DX Box is not acceptable.  The name must be identical to the name of the other joint tenant as shown on the Torrens Title Register.
Note:  A discrepancy in a name stated in Item 4 must be accounted for in the statutory declaration, e.g. "formerly known as ....“. The name will only be changed on the Torrens Title Register by lodgment of a Change of Name form 10CN.

Staff processing information

Refer to SD52 except for the following.

Refer to Legal through the Senior Examining Officer where

the registered proprietors hold in a fiduciary capacity, i.e. as executors, administrators or trustees or are protected by a Registrar General's caveat (include a copy of the dealing of by which the land was acquired); or

  •  the statutory declaration has been made by an attorney for or legal representative of the transferor.
  • a transfer is :
    - by the transferor's attorney for a nominal sum or no consideration.
    - to the transferor's attorney.
    - in favour of a company in liquidation.
    - in doubt as to the corporate status of the transferee.

For SD52

A Notice of Severance of Joint Tenancy form must be completed, dated and sent to the joint tenants stated in the statutory declaration except where the joint tenant has witnessed the execution or indicates in writing that they have received legal advice as to the severance.

Note:

  • where notices are to be sent to more than one joint tenant notices must be forwarded at the same time;
  • where a discrepancy in a name exists, separate notices must be prepared and addressed under each name; and

The panel relating to preparation of notices on the front of the dealing must be completed or the dealing must be marginally noted: Notices sent [date].

The transfer must be sent to the File Press.

The transfer must proceed for registration on expiry of 30 calendar days from the dating of the notice, or on receipt of the consent of joint tenants set out in the statutory declaration.

Where written advice has been received from a joint tenant disputing the severance, the matter should be referred to LEG99.

Dated copies of notices sent and all consents furnished must be imaged with the dealing.

Registration procedure

CODE (name)    P, C or Q
           [name of transferee; include all current registered proprietors]
TENANCY   T2 etc.

Note:  The severance of joint tenancy will result in the transferee holding the land as tenant in common with the other joint tenant in shares equal to the interest previously held by the transferor.