Transfer of interest - lease/mortgage or charge (electronic)

A Transfer of lease/mortgage or charge instrument is used to register the transfer of ownership of an interest to another person or corporation.
An electronic Transfer of interest can be lodged currently for the following two scenarios

  • Where it affects the whole of the interest and all the registered proprietors; or

  • Transfer affects a proprietor's share in the lease/mortgage or charge 

The following transfers of interest are not eligible to be lodged electronically (a paper Transfer form 01TL should be used in these circumstances)

  • Transfers affecting more than 20 Folios of the Register. 

  • Transfers that need to be executed by a person other than the registered proprietor of the interest, such as a court officer or by a guardian when a person's estate is subject to management under the NSW Trustee and Guardian Act 2009. ((Note transfers of interest executed under a Power of Attorney are eligible to be lodged electronically). 

NOTE: 
                                                                                                          

An electronic Transfer of lease requires stamp duty verification by Revenue NSW prior to lodgment.

An electronic transfer of a Crown Land tenure term lease or a Crown Land Real Property Act lease requires completion of a Notice of Sale.
   
An electronic transfer of mortgage or charge requires a CoRD holder consent.

A transfer of lease affecting an expired lease will only be registered where the expired lease is still recorded on the register and the transfer of lease is dated before the expiry date of the lease.

Minister's consent may be required for transfer of a Crown land tenure Term Lease or Crown land Real Property Act lease. Where the Minister's consent is required for a lease or mortgage, consent is also required to be provided as an attachment to transfer that lease or mortgage. Where the transfer is pursuant to a court order and affects a perpetual leasehold title, the Minister must be notified.
 
For information to assist with completing a Transfer in PEXA, see PEXA guidance notes for Complete a Transfer of interest page.