Conveyance pursuant to a family arrangement

ADIS Code - CF

A conveyance may distribute Old System land pursuant to a family arrangement or agreement. 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.

The original family arrangement is not required.

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 - Family Arrangement (Pursuant to)

(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

If the Link Conveyance is above Book 4000 or a previous CA has been raised, ensure a Qualified Title has not issued. If issued.

If the conveyance pursuant to a family arrangement includes a covenant to produce enter a Noting: "With a covenant to produce".

The Conveyance Frame, ie code "C", is always used when at least one vendor is conveying in their own right.

CA Required

Indexing

Locality:  required. The situation of the Old system land. 

Link Conveyance:  required. 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.