Transfer of profit à prendre or forestry right

Form  01TI (PDF 550 KB)

Dealing type - TI

Legislation 

s87A Conveyancing Act 1919 (forestry right)

s88AA Conveyancing Act 1919 (profit à prendre)

Stamp duty - required.

Any alteration to the consideration must be marked.

Certificate of Title - not required.

NOS form - not required.

Standard form of Caveat - prevents registration where the caveat affects the profit à prendre or forestry right. Does not prevent registration where the caveat affects the land.

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

Note  Only a profit à prendre or forestry right without a dominant tenement or in gross may be transferred by lodgment of a Transfer of a Profit à Prendre or Forestry Right form 01TI. Where the profit à prendre or forestry right has a dominant tenement the ownership may only be altered by a change of ownership of the dominant tenement title.

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

A plan fee is payable where the dealing is reliant on a plan annexed.

(A) The registered number of the dealing that created the profit à prendre or forestry right must be stated.

(B) The reference to title for the servient tenement must be stated.

(D) The full name of the transferor must be stated and must be identical to the name of the owner of the profit à prendre or forestry right as shown on the Register.

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

(F) Tenancy/shares must be stated where there is more than one owner. Reference to the tenancy/shares will not be entered on the Register.

The consideration is optional.

(G) A writ recorded against the profit à prendre or forestry right must be noted in the Encumbrances, or the Court must consent to the dealing, or the writ must be removed.

(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

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.

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.

See execution requirements for companies, witnesses etc pages.

Staff processing information

If in order proceed with registration except for the following.

Refer to SD31

A transfer of a profit à prendre or forestry right involving:

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

Registration procedure

PRIME CODE    code of profit à prendre/forestry right as shown on the Register

PRIME NO.    number of profit à prendre/forestry right

SUB CODE    UA

DETAILS    Transfer of profit à prendre/forestry right. Owner Now [names of all current owners].