Transfer creating a profit à prendre or forestry right

Form  01TH (PDF 150 KB)

Dealing type - TH

Legislation 

s87A Conveyancing Act 1919 (forestry right)

s88AA Conveyancing Act 1919 (profit à prendre)

Stamp duty - not required.

Certificate of Title - required for the servient tenement. Not required for the dominant tenement.

NOS form - not required.

Standard form of Caveat - prevents registration if noted on the servient tenement. Does not prevent registration if:

  • noted on the dominant tenement.
  • the easement is granted by a mortgagee or chargee in possession.

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

Minister's consent is required where a Crown land restriction pursuant to s102 Crown Lands Act 1989 is noted on the Register.

The consent of any lessee is required.

A plan fee is payable where the dealing is reliant on a plan annexedNote  There is no plan fee payable for a plan annexed that is used solely to explain terms found in the agreement, e.g. used to describe afforestation areas, fire breaks etc.

Also see:

(A) The reference to title for the servient tenement (land burdened) and, if applicable, the dominant tenement (land benefited) must be stated. Note  A profit à prendre or forestry right may or may not have a dominant tenement.

If the dominant tenement is Old System land it must be described by reference to an instrument registered in the General Register of Deeds.

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

A mortgagee or chargee in possession may grant a profit à prendre or forestry right. The transfer must be accompanied by a statutory declaration stating that the mortgagee or chargee is in exclusive possession of the land.

(D) The full name of the transferee must be stated and must be identical to the name of the registered proprietor of the dominant tenement as shown on the Register, if applicable. Note  A party other than a statutory authority may create a profit à prendre or forestry right in gross.

Where the dominant tenement is Old System land the reference to the transferee must be amplified to read '... or such other owner of an estate in fee simple in the dominant tenement described above', see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [140.300(Ii)].

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

The consideration is optional.

(F) The inappropriate clause(s) must be deleted and verified.

(G) The details must be completed.

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

(I) The transfer must be executed by the transferor1 and be witnessed, or be executed on their behalf by the following:

  • attorney and witnessed
  • authorised officer and witnessed.

Note  A solicitor, barrister or licensed conveyancer cannot execute on behalf of the transferor.

The transfer must be executed by the transferee1 and be witnessed, or be executed on their behalf by the following:

  • attorney and witnessed
  • authorised officer and witnessed
  • solicitor or barrister
  • licensed conveyancer.

1 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 14 (PDF 8 KB) where the Owners Corporation benefits from the dealing or
  • Strata Schemes Approved Form 13 (PDF 23 KB) where the Owners Corporation is burdened by the dealing and
  • Strata Schemes Approved Form 10 (PDF 8 KB) where the initial period is not shown as expired on the common property title.

1  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 (PDF 20 KB).  A certificate as in Community Title Schemes Approved Form 21 (PDF 20 KB) is also required.

Note  A transfer creating a profit à prendre or foresty right in gross must be executed by:

  • an authorised officer of the statutory authority gaining the benefit of the profit à prendre or foresty right. The capacity of the officer must be stated and the execution must be witnessed or
  • a solicitor acting for the statutory authority gaining the benefit of the profit à prendre or foresty right.

See execution requirements for companies, witnesses etc pages.

Staff processing information

Where the certificate of title for the dominant or servient tenement has been produced marginally note the dealing '[reference to title] produced by [producing party] on [production date] to enable registration of this profit à prendre/forestry right'.

Refer to SM99 except for the following.

Refer to SD31

A transfer involving:

  • an Aboriginal Association or corporation
  • the NSW/Local Aboriginal Land Council.

Registration procedure

Profit à prendre with no dominant tenement or in gross

TRANSACTION   ON

PRIME CODE       PP

DETAILS  Profit A Prendre To [transferee] Expires ...

Forestry right with no dominant tenement or in gross

TRANSACTION   ON

PRIME CODE       FRC (carbon sequestration)

FRT  (timber)

DETAILS            [transferee] Expires ...

Profit à prendre with a dominant tenement

On the servient tenement:

TRANSACTION  ON

PRIME CODE      PP

DETAILS    Profit A Prendre To [transferee] Affecting The Land Above Described. Expires ...

On the dominant tenement:

TRANSACTION    ON

PRIME CODE    PP

DETAILS    Profit A Prendre To [transferee] Appurtenant To The Land Above Described Affecting [reference to title of the servient tenement]. Expires ...

Forestry right with a dominant tenement

On the servient tenement:

TRANSACTION  ON

PRIME CODE   FRC (carbon sequestration)

    FRT  (timber)

DETAILS    [transferee] Affecting The Land Above Described. Expires ...

On the dominant tenement:

TRANSACTION  ON

PRIME CODE    FRC (carbon sequestration)

     FRT  (timber)

DETAILS    [transferee] Appurtenant To The Land Above Described Affecting [reference to title of the servient tenement]. Expires ...