On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

Transfer Altering Tenancy (Tenants in Common in Equal Shares to Joint Tenants)

The information on this page aims to help you complete a Transfer Altering Tenancy (Tenants in Common in Equal Shares to Joint Tenants) dealing form. This form is only used for the sole purpose of which is to alter the tenancy of all the registered proprietors from tenants in common in equal shares to joint tenants.

NOTE: The registered proprietors must be represented in the workspace for this dealing form. 

Subscriber requirements

Before lodging this document electronically via an Electronic Lodgment Network, a Subscriber must:

  1. verify their Client’s identity
  2. establish their Client’s right to deal with the land
  3. have a properly completed and executed Client Authorisation form and
  4. retain evidence that supports the dealing (see Supporting Evidence below).

The Subscriber must also certify that they have taken reasonable steps to ensure that the instrument is correct and compliant with relevant law and any Prescribed Requirement.

For more information on these requirements see:

Residual Documents

Guide to complete

Stamp Duty – not required.

Notice of Sale – not required.

Standard Form of Caveat – a caveat noted on the Register will not prevent the recording of a Transfer Altering Tenancy (Tenants in Common in Equal Shares to Joint Tenants).

Priority Notice Noted on the Register - see Priority Notice page for more information.

The following headings refer to the data fields which must be completed in order to lodge an electronic Transfer Altering Tenancy (Tenants in Common in Equal Shares to Joint Tenants) dealing form.

Land Title

Enter the land title reference(s).

Participant Details

Party Details – Party Name

Select all the registered proprietors.

Document

Create Document – Select Other Documents. 

Select Transfer Altering Tenancy (Tenants in Common in Equal Shares to Joint Tenants).

Registered Proprietor

Select all the registered proprietors.

Supporting evidence

In addition to evidence supporting the steps taken by the Subscriber to verify the identity of their Client and establish their Client’s right to deal, the Subscriber may be required to retain other evidence to support the dealing.

It is a matter for the Subscriber to be satisfied that they have met the requirements for the dealing. Please refer to the ARNECC Guidance Note 5 for assistance on retaining evidence to support conveyancing transactions in accordance with the NSW Participation Rules.

All NSW legislation can be accessed at www.legislation.nsw.gov.au