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 of an Estate-In-Remainder

This page aims to help you complete an electronic Transfer of an Estate-In-Remainder dealing form. This form is used to transfer an existing estate in remainder. A Transfer dealing form should be used to create an estate in remainder.

Where a notification on the Register refers to:

  • a restriction on Crown land
  • section 17(1)(a) Darling Harbour Authority Act 1984 (now repealed), and the transfer is to or by a person other than Property NSW (formerly Sydney Harbour Foreshore Authority), the restriction must be removed by or be consented to by Property NSW (which is now part of the Housing and Property Group which is part of Planning Industry & Environment) prior to lodgment
  • section 3 Housing Agreement Act 1973 (now repealed) or section 14A Housing Act 1976 (now repealed), the restriction must be removed by Landcom prior to lodgment or
  • clause 30(2) Schedule 2 Environmental Planning and Assessment Act 1979, the restriction must be removed by or be consented to by the Minister administering the Act prior to lodgment.

NOTE: Where a writ is noted on title, this dealing form must be lodged as a Dealing with Exception, unless the judgment creditor consents to the Transfer of an Estate-In-Remainder or the writ is removed.

NOTE: Both the transferor and the 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:

  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 – required.

Notice of Sale – not required.

Standard Form of Caveat – a caveat noted on the Register will prevent the recording of a Transfer of an Estate-In-Remainder.

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 an Estate-In-Remainder dealing form.

Land Title

Enter the land title reference(s).

Participant Details

Party Details – Party Name

Select the registered proprietor, being the transferor.
 
Enter the name of the transferee.

Document

Create Document – Select Other Documents.

Select Transfer of an Estate-In-Remainder.

Transferor

Select the transferor.

Transferee

Select the transferee.

Tenancy/Shares of the Transferee

Enter the tenancy/shares of the transferee.

Consideration

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.

Attachment

Attachment Type – Caveator’s Consent

Attach the caveator’s consent if required.

Attachment Type – Supporting Evidence

Where the Transfer is pursuant to a Court Order, a sealed copy of the Court Order must be attached.

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.

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 http://www.legislation.nsw.gov.au