Transfer by the sheriff pursuant to a writ

Form   01T (PDF 110 KB)

Dealing type - TW 

Legislation - s105B Real Property Act 1900

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. Not required for a time-share title.

Standard form of Caveat - prevents registration.

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

The Sheriff of the Court of issue may, pursuant to the writ, sell the land of a judgment debtor in order to recover the moneys owed to a judgment creditor. The transfer may be lodged at any time providing the land is sold during the currency of the writ (i.e. the contract for sale must be dated before the expiry date of the writ).

A Transfer form 01T suitably modified, i.e. 'TRANSFER by the Sheriff of New South Wales', may be lodged.

The writ must be recorded on the Register before the transfer can be registered. The writ is removed on registration of the transfer.

Transfer pursuant to a writ; and see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [570.350].

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

(A) The reference to title must be stated. The land being transferred must be identical to the land affected by the subject writ.

(C) The transferor must be the Sheriff of the Court of issue. The full name and title of the transferor must be shown.

In addition, 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.

The registered number and the Court file/case number of the writ pursuant to which the land has been sold must be stated. Where the transfer is lodged after the expiry date of the writ, a statutory declaration by the Sheriff is required stating that the contract for sale is dated before the expiry date of the writ. 

(J) The dealing must be executed by the transferor, i.e. the Sheriff, and be witnessed. The registered proprietor of the estate or interest affected by the writ is not required to execute the dealing.

The transfer must be executed by the transferee and be witnessed, or be executed on their behalf by the following:

Attorney and witnessed Solicitor or Barrister Authorised Officer and witnessed Licensed Conveyancer
Transferee Tick Tick Tick Tick

See execution requirements for companies, witnesses etc pages.

Staff processing information

See Transfer 01T - Staff processing information

Refer to DRD2

Where dealings have been registered after the lodging of the subject writ or are awaiting registration. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [570.350].

Note  A Notice of Severance of Joint Tenancy form is not required where a joint tenancy is severed by the transfer.

Registration procedure

CODE (name) P, C or Q [name of transferee; include all current registered proprietors]

TENANCY S, J2 etc, T etc.

The subject writ, other writs, and any dealing made subject to the writ must be cancelled as directed:

ADD. TRANSACTION OFF

PRIME CODE code of writ etc as shown on the Register

PRIME NO. number of writ etc.

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