Transfer Creating a Profit à Prendre
This page aims to help you complete an electronic Transfer Creating a Profit à Prendre dealing form. This form is used to create a profit à prende (note that the Transfer creating a Forestry Right must be used to create a forestry right) in regard to Torrens Title land pursuant to section 47 Real Property Act 1900 and section 88AA Conveyancing Act 1919.
For more information regarding profit à prendres see the profit à prendre page.
Before lodging this document electronically via an Electronic Lodgment Network, a Subscriber must:
verify their Client’s identity
establish their Client’s right to deal with the land
have a properly completed and executed Client Authorisation form and
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.
NOTE: Both the transferor and transferee must be represented in the workspace for this dealing form.
For more information on these requirements see:
Guide to complete
Legislation – section 88AA Conveyancing Act 1919 and section 47 Real Property Act 1900.
Stamp Duty – not required.
CoRD Holder Consent – required for the servient tenement.
Notice of Sale – not required.
Standard Form of Caveat – a caveat noted on the Register will prevent the recording of a Transfer Creating a Profit à Prendre.
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 Creating a Profit à Prendre dealing form.
The reference to title for the servient tenement (land burdened) must be stated.
Party Details – Party Name
Select the registered proprietor.
Create Document – Select Other Documents.
Select Transfer Creating a Profit à Prendre.
Enter the servient tenement.
Select the registered proprietor of the servient tenement.
Enter the dominant tenement (if applicable).
NOTE: a profit à prendre may or may not have a dominant tenement.
Select registered proprietor of the dominant tenement.
Tenancy of Transferees
Enter the tenancy/shares. Tenancy/shares must be stated where there is more than one transferee.
Enter the consideration.
Enter the commencing date.
Enter the terminating date
Attachment Type – Conditions and Provisions
The attachment must contain the details of the profit à prende created.
NOTE: a plan fee is payable where the dealing is reliant on a plan annexed. There is no plan fee payable for a plan annexed that is used solely to explain terms found in the agreement, e.g. used to describe afforestation areas, fire breaks etc.
The consent of all lessees is required to be attached together with the conditions and provisions.
Attachment Type – Minister’s Consent
The Minister's consent is required where a Crown land restriction pursuant to section 5.13 Crown Land Management Act 2016 is noted on the Register. If there is an existing reference to section 102 of the now repealed Crown Lands Act 1989 then the Minister’s consent is still required.
Attachment Type – Approved Forms
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. The following certificates are also required:
strata schemes Approved Form 14 where the owners corporation benefits from the dealing
strata schemes Approved Form 13 where the owners corporation is burdened by the dealing and
strata schemes Approved Form 10 where the initial period is not shown as expired on the common property title.
Where the registered proprietor is the association of a community, precinct or neighbourhood scheme, execution must take the form as set out in the community titles schemes Approved Form 18. A certificate as in the community titles schemes Approved Form 21 is also required.
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.
The evidence that the Subscriber is required to retain to support a Transfer Creating a Profit à Prendre dealing form may include
Other forms of evidence may be acceptable and 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/