ADIS Code - C
A conveyance is a transfer of real property by means of a deed or instrument other than a will. An interest in real property is assured by one party to another.
The information contained hereunder relates to a current conveyance where a Qualified Title has not been issued.
A form of conveyance is set out in Schedule 2 Conveyancing Act 1919.
For a conveyance:
Land description
A conveyance metes and bound description may be stated in imperial measurements providing that no plan of survey has been lodged and/or no previous conveyance has been described in metric measurements.
Survivorship
Survivorship occurs automatically in Old System; where proprietors hold as joint tenants it is not necessary to register a document as evidence of death of one of those proprietors. If the conveyance states a joint tenant has died, evidence is not normally required. A certified copy of the death certificate may be required for Conversion Action.
Lodgment requirements
Stamp duty - Required. Marking as regards Vendors Duty is also required. If not marked, Registration insisted upon is prohibited.
Any alteration to the consideration, tenancy, interest/share, 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 the tenancy only is changed.
Registration copy - Required. If unacceptable, Registration insisted upon is prohibited.
Statement of Title Particulars form - Required.
NOS form - Required.
Index Particulars form (completion)
(A) Lodging Party - Must be completed.
(B) Instrument - Conveyance
(C) Locality - Required. The situation of the Old System land.
Link Conveyance - For the Old System land affected.
Principal Deed - Not required.
(D) Indexing - The vendor and the purchaser.
(E) Certification - Required.
Document requirements
Date: must be dated with the date of execution. If not dated advise the lodging party. If a date is not furnished, indicate Registration insisted upon and include the reason.
Name: the full names (initials are acceptable) of the vendor and the purchaser are required. Advise the lodging party of any discrepancies in names.
Tenancy: the tenancy/shares must be identical to that stated on the STP form. If tenancy is not stated for more than one purchaser, tenants in common is assumed.
Operative clause: "... hereby convey/convey to ...".
Locality: required. The situation of the Old System land.
Land Description: required. The Old System land must be described by reference to:
- a metes and bounds description
- another registered instrument
- a plan attached
- a Government Gazette notice or
- a lot or parcel in a subdivision.
Link Conveyance: required. The last registered conveyance or acknowledgment that evidences ownership prior to Book 4000. Whole or part must be established.
Execution: by the vendor. A power of attorney must be registered. The purchaser does not have to sign.
Attestation: required. Must be witnessed by a person of 18 years of age or older who is not a party to the document.
IPF: must be completed.
Staff processing information
For a conveyance:
For indexing purposes several unique Conveyance Frames exist in ADIS. The frames have been categorized by:
- who executes the conveyance
- how or why the land is conveyed
- if it is a confirmatory conveyance or
- if the conveyance contains a covenant to produce.
The appropriate Conveyance frame based on the type of conveyancing action must be used where the conveyance fits into these categories.
A conveyance that is lodged to fill in the chain of title must be entered under the appropriate Conveyance Frame, and an STP and NOS form are not required.
If the Link Conveyance is above Book 4000 or a previous CA has been raised, ensure a Qualified Title has not issued. If issued.
A conveyance affecting land that does not have a Link Conveyance in the form of a Book and No. must be entered under the General Frame, ie code "G", with a Noting: "Conveyance of [land description and manner of acquisition]". Enter the Locality. Enter the vendor as a Vendors entry. Enter the purchaser as a Purchasers entry.
For a conveyance by direction, also enter the directing party as a Vendors entry.
CA Required
Indexing
Locality: required if Old system land is affected.
Link Conveyance: required if Old System land is affected. The last conveyance or acknowledgment prior to Book 4000. Indicate whole "W" or part "P".
Principal Deed: nil.
Noting: If:
- an interest, state: "interest in" (or Noting Code: "I")
- a share, state: "[fraction] share"
- part of the land, state: "[affected land description]"
- the land description relies on an attached plan, state: "see attached plan" (or Noting Code: "PL").
V: the vendor, deceased estates or trusts, and any variations thereof. Also the last registered owner where they are not identical to the vendor.
P: the purchaser, deceased estates or trusts, and any variations thereof.