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 (Joint Tenants to Tenants in Common in Equal Shares)

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

NOTE: If the sole purpose is to sever a joint tenancy between fewer than all the registered proprietors, then this form cannot be used. Instead, see the Transfer Severing Joint Tenancy dealing form.

A Transfer Altering Tenancy dealing form cannot be used where the registered proprietors are recorded as joint tenants in a fiduciary capacity i.e. where the registered proprietor has acquired by means of a Transmission Application or an Application to Record New Registered Proprietor.

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 (Joint Tenants to Tenants in Common in Equal Shares).

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 (Joint Tenants to Tenants in Common in Equal Shares) 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 (Joint Tenants to Tenants in Common).

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.

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