Transfer of a Profit à Prendre or Forestry Right

This page aims to help you complete an electronic Transfer of a Profit à Prendre or Forestry Right dealing form. This form is used to transfer the benefit of a registered profit à prendre or forestry right which does not have a dominant tenement.

NOTE: Only a profit à prendre or forestry right without a dominant tenement (i.e. a profit à  prende or forestry right in gross) may be transferred by lodgment of this form. Where the profit à prendre or forestry right has a dominant tenement, the ownership may only be altered by a change of ownership of the dominant tenement title.

NOTE: Where a writ is noted on title, this dealing form must be lodged in paper, unless the judgment creditor consents to the Transfer of a Profit à Prendre or Forestry Right or the writ is removed.

NOTE: Both the transferor and transferee 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:

  • 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.

For more information on these requirements see:

Residual Documents

Guide to complete

Legislation – section 47(5) Real Property Act 1900.

Stamp Duty – required.

CoRD Holder Consent – not required.

Notice of Sale – not required.

Standard Form of Caveat – prevents registration.

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 of a Profit à Prendre or Forestry Right dealing form.

Land Title

Enter the land title reference(s) for the servient tenement.

Participant Details

Party Details – Party Name

Enter the transferor being the current owner of the profit à prendre or forestry right.

Enter the transferee being the new owner of the profit à prendre or forestry right.

Document

Create Document – Select Other Documents.

Select Transfer of a Profit à Prendre or Forestry Right.

Transferee

Select the transferee.

Tenancy of Transferees

Enter the tenancy/shares of the transferees.

Transferor

Select the transferor.

Consideration (optional)

Consideration Type

Select one of the following consideration types:

  • With monetary consideration - where a transfer involves payment of monies.
  • Without monetary consideration and as regards a deed of partition - where a transfer does not involve payment of monies and satisfies the conditions set out in a deed of partition.
  • Without monetary consideration and as regards a deed of assignment - where a transfer does not involve payment of monies and satisfies the conditions set out in a deed of assignment.
  • Without monetary consideration and as regards a court order - where a transfer does not involve payment of monies and satisfies the conditions set out in a Court Order.
  • Without monetary consideration and as regards an intergenerational assignment - where a transfer does not involve payment of monies and satisfies the conditions of an intergenerational assignment.
  • Without monetary consideration and a change in manner of holding - where a transfer does not involve payment of monies and alters the names, tenancy and/or shares of the registered proprietors.

Gross Consideration Amount

Enter the consideration amount where the transfer is with monetary consideration.

Consideration Details

Enter the consideration details where the transfer is without monetary consideration.

Transfer Number

Enter the registered number of the dealing that created the profit à prendre or forestry right.

Attachment

Attachment Type – Approved Forms

Where the transferor or transferee is the owners corporation of a strata scheme, the following certificates are required:

  • strata schemes Approved Form 14 where the owners corporation benefits from the dealing or
  • 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.

Execution of the certificates must take the form as set out in strata schemes Approved Form 23.
 
Where the transferor or transferee is the association of a community, precinct or neighbourhood scheme, a certificate in the form of Approved Form 21 is required. Execution of the certificate must take the form as set out in community title schemes Approved Form 18.
 
Attachment Type – Minister’s Consent

Minister’s consent must be attached where a crown land restriction pursuant to the former section 102 Crown Lands Act 1989 is noted on the Register.

The Crown Lands Act 1989 has been repealed, the former requirements of section 102 are reflected in sections 3.17, 3.26 and 3.27 Crown Land Management Act 2016.

Attachment Type – Plan

Attach a plan if required.

NOTE: A plan fee is payable where the dealing is reliant on a plan annexed.

Attachment Type – Caveator’s Consent

Attach a caveator’s consent if required.

Attachment Type – Supporting Evidence

Where there is a writ recorded on the title, and the consent of the judgment creditor for this Transfer has been obtained, the consent is required to be attached.

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.

The evidence that the Subscriber is required to retain to support a Transfer of a Profit à Prendre or Forestry Right dealing form may include:

  • A true copy of the duly executed version of the document(s) uploaded as an attachment.

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