Transfer of a statutory easement in gross

Form  01TY (PDF 450 KB)

Dealing type - TY

Legislation - s88A Conveyancing Act 1919

Stamp duty - Required.  The number of title references indicated as marked by the Office of State Revenue must agree with Note (A).

Any alteration to the title reference, 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.

Certificate of Title - Not required.

NOS form - Not required.

Standard form of Caveat - Prevents registration where the caveat is drawn against the easement. Does not prevent registration where the caveat is drawn against the land.

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.

(A) The reference to title for the land affected by the easement in gross being transferred must be stated. A description of the easement being transferred including the number of the registered dealing or plan that created the easement must be stated.

(B) The number of the deposited plan or registered dealing which created the easement in gross and the description of the easement as it appears on the deposited plan or in the registered dealing must be stated.

(D) The full name of the transferor must be stated and must be identical to the name of the statutory authority or prescribed authority gaining the benefit from the easement as shown in the instrument creating the easement in gross.

(E) The full name of the transferee must be stated. The transferee must be a stautory authority or a prescribed authority under s88A Conveyancing Act 1919.

(F) The consideration is optional.

(G) 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.

Staff processing information

Refer to SM99 for investigation in all cases.

Registration procedure

TRANSACTION    UNDR

PRIME CODE    code of easement as shown on the Register

PRIME NO.    number of easement

SUB CODE    UEVE

DETAILS    [name of transferee].