Transfer by a local council

Form  01TS (PDF 126 KB)

Dealing type - TS

Legislation - s713 Local Government Act 1993

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

Any alteration to the title reference, to the estate being from leasehold to fee simple, 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 may be ignored. The addition of a name must be marked.

Not required where a change in estate is to a lesser estate.

Certificate of Title - not required.

NOS form - required.  Panels 1, 2, 3A, 4 and 5 require completion.

Standard form of Caveat - prevents registration only if the caveat is pursuant to a Commonwealth law, except where pursuant to the Bankruptcy Act 1966 (Commonwealth).

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

Pursuant to s713 Local Government Act 1993 (formerly s604 Local Government Act 1919) a Local Council may sell land for unpaid rates.

Requirements are the same as for a standard transfer, together with the following.

Minister's consent may be required where a Crown land restriction on transfers is noted on the Register.

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

(C) The full name of the Local Council must be stated.

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

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

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.

(F) The full name of the transferee must be stated.

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

(H) The name of the Local Council must be stated.

The dealing must be executed by the Local Council - see execution by Local Councils.

The dealing must be executed by 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
Transferee Tick Tick Tick Tick

Note  The registered proprietor of the estate or interest affected by the transfer is not required to execute the dealing, and the dealing is not to be treated as a multiple instrument.

See execution requirements for companies, witnesses etc pages.

See Baalman and Wells, Land Titles Office Practice, Lawbook Co. 2001 [311.100].

(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.

Note

  • Any mortgage, lease, charge, covenant charge, caution pursuant to s28J(1) or s28J(1A) Real Property Act 1900, or caveat, except for a caveat pursuant to a Commonwealth law other than the Bankruptcy Act 1966, or where the caveator's interest arose after the date of the transfer, will be cancelled.
  • A registered writ will not prevent registration of the transfer within the first 6 months from the date of registration of the writ. After 6 months the writ will be cancelled on registration of the Transfer by a Local Council.
  • Any covenant, easement, positive covenant or restriction on the use of land will remain on the title.

Staff processing information

A standard form of caveat prevents registration where the caveator's interest arises after the date of the transfer. If the transfer is not dated, raise a requisition 'Caveat noted on the Register'.

Refer  a Transfer by a local council of a term lease or perpetual lease  to SD6 for approval before acceptance.

Where the crown is shown in the first schedule, do not issue a title.

If in order proceed with registration except for the following.

Refer to Legal through the Senior Examining Officer

Where:

  • a caution pursuant to s28J(1B) Real Property Act 1900 is noted on the Register.
  • the caveator's interest arises after the date of the transfer.

Registration procedure

CODE (name)    P, C or Q  [name of transferee]

TENANCY    S, J2 etc, T etc.

Any mortgage, lease, charge, covenant charge, caution pursuant to s28J(1) or s28J(1A) Real Property Act 1900, or caveat, except those pursuant to a Commonwealth law other than the Bankruptcy Act 1966, or where the caveator's interest arose after the date of the transfer, must be cancelled:

ADD. TRANSACTION    OFF

PRIME CODE    code of dealing as shown on the Register

PRIME NO.    number of dealing.

Note    A certificate of title will be issued and delivered as appropriate.