A Transfer instrument is used to register the transfer of ownership of land to another person.
An electronic Transfer can be lodged currently for the following two scenarios:
- Where it affects the whole of the land and all the registered proprietors; or
- Transfer affects a proprietor's share in land
The following transfers are not eligible to be lodged electronically (a paper Transfer form 01T should be used in these circumstances together with a Conveyancing Rules Exemptions form selecting the appropriate exception):
- where both the transferee and transferor are not represented by a legal practitioner or licensed conveyancer and the transfer is standalone
- creating a life estate and estate in remainder
- lodged using a form other than the 01T Transfer form, such as the Transfer Including Easement form 01TE
- affecting more than 20 folios of the Register, which cannot be separated
- where execution by a person other than the registered proprietor is required, such as a court officer or a guardian when a person's estate is subject to management under the NSW Trustee and Guardian Act 2009. (Note: Transfers executed under a Power of Attorney are eligible to be lodged electronically)
- where the transfer involves transactions or obligations outside of the Torrens Register, for example where the transaction (or a chain of transactions) involves:
- properties located in other jurisdictions
- the purchase or sale of a company title unit
- handing over old system documents relating to qualified or limited title (or both)
- financial settlement that includes the transfer of a Water Access Licence
An electronic Transfer requires:
- a CoRD Holder Consent - see CoRD Holder Consent requirements to identify which type of consent needs to be provided
- stamp duty verification by Revenue NSW prior to lodgment.
- completion of a Notice of Sale through the ELNO
For information to assist with completing a Transfer in an ELNO, see ELNO guidance notes for Complete a Transfer page.