Transfer including covenant

Form  01TCV (PDF 150 KB)

Dealing type - TV

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 - required for the land being transferred. Required for the land burdened by a transferor's covenant.

NOS form - Required.  Panels 1, 2, 3, 4 and 5 require completion. Ignore 3A and 4 if the transfer is not for value.

Standard form of Caveat - prevents registration where it affects the land being transferred. Prevents recording of the covenant where noted on the burdened title.

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

A transferee's covenant (i.e. the transferee covenants with the transferor) places the burden of the covenant on the land being transferred for the benefit of land held by the transferor, or other party.

A transferor's covenant (i.e. the transferor covenants with the transferee) places the burden of the covenant on other land held by the transferor for the benefit of the land being transferred.

Suitably modified this form may be used for the inclusion of a positive covenant created pursuant to s88BA Conveyancing Act 1919.

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

There is no plan fee payable for a plan annexed for description/definition purposes as regards the covenant.

Note  The lodgment fee of a Transfer including covenant (Form 01TCV) includes the fee payable for the covenant.

(A) The reference to title for the land being transferred and the reference to title for the land burdened by a transferor's covenant must be stated and agree with the details stated at Note (L).

(E) The nature of the covenant must be indicated by deletion and verification of the inappropriate words.

Transferee's covenant benefiting a third party

A transferee's covenant can benefit the land held by a party other than the transferor, e.g. X transfers lot 2 to Y and Y creates a covenant benefiting lot 3 owned by Z. Note (E) must be suitably modified and the full name of the registered proprietor of the land benefited must be stated at Note (K) in Schedule 1. The Schedule must be signed at Note (N) by the registered proprietor of the land benefited and the signature must be witnessed.

(I) Transferee's covenant 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 Cross Tick Cross

(I) Transferor's covenant 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 13 (PDF 23 KB) 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 20KB).  A certificate as in Community Title Schemes Approved Form 21 (PDF 3kb) is also required.

See execution requirements for companies, witnesses etc.

(J) This section is to be completed where the notice of sale data (see NOS form above) has been forwarded to NSW LRS through the eNOS facility.

(K) The nature of the covenant must be indicated by deletion and verification of the inappropriate words. The nature must agree with that indicated at Note (E).

(L) The date and the full names of the parties to the covenant must be stated.

(M) The references to title for the land benefited and burdened by the covenant must be stated.

(N) The full terms of the covenant must be stated. It is acceptable to refer to a Memorandum containing the terms of the covenant.

The covenant must contain at least one clause that restricts the use of the land. A clause is restrictive if it does not involve the covenantor in any expenditure in order to comply with it.

(O) All parties to the covenant must sign the Schedule and their signatures must be witnessed. Note  A solicitor, barrister or licensed conveyancer cannot sign on behalf of a party burdened by the covenant.

Consents

If furnished, the written consent of a lessee, mortgagee or chargee of the burdened title in a transferor's covenant will be filmed with the dealing.

Staff processing information

The reference to title for the land being transferred and the reference to title for the land burdened by a transferor's covenant as set out at Note (L) must be entered into ITS.

Any requisition raised solely as regards the covenant should be set out in a standard requisition.If the covenant is not put in order by the due date the transfer must be rejected.

If in order proceed with registration except for the following.

Refer to SD31

Where the transfer or covenant involves:

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

Refer to SM99

A transfer:

  • of part of the land
  • that excepts physical objects, minerals, mines, surface or sub-surface
  • that refers to s40 Roads Act 1993
  • to the Roads and Maritime Services where a plan of acquisition or Government Gazette notice is noted on the Register
  • where a notification on the Register refers to a drainage reserve, or public garden and recreation space, i.e. a public reserve
  • where a Registrar General's caveat K200000R is noted on the Register.

Note  A transfer with a plan annexed for description/definition purposes as regards the covenant may be registered if in order.

Refer to Legal through the Senior Examining Officer

A transfer:

  • by a Local Council of a public place, cemetery, or land that is subject to a trust
  • in favour of a company in liquidation
  • where there is doubt as to the restrictive nature of the covenant.

Registration procedure

CODE (name)    P, C or Q

[name of transferee; include all current registered proprietors]

TENANCY    S, J2 etc, T etc.

For forms of notification.

Entry of covenant notification on the burdened title only

ADD. TRANSACTION    ON

PRIME CODE    CV.