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):
- A transfer creating a life estate and estate in remainder.
- Transfers to be lodged using forms other than the 01T Transfer forms, such as the Transfer Including Easement form 01TE.
- Transfers affecting more than 20 Folios of the Register.
- Transfers requiring an attachment in order to be registered, such as a caveator’s consent, order of court, or Minister’s consent.
- Transfers that need to be executed by a person other than the registered proprietor, 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 executed under a Power of Attorney are eligible to be lodged electronically).
- Transfers where land tax is required to be paid from settlement proceeds. (See Conveyancing Rules Waivers CR3/2018).
- Transfers where funds from one financial settlement are required for another financial settlement (simultaneous settlement). (See Conveyancing Rules Waivers CR3/2018).
- Transfers involved in a settlement that includes the transfer of a Water Access Licence. (See Conveyancing Rules Waivers CR3/2018).
An electronic Transfer requires:
For information to assist with completing a Transfer in PEXA, see PEXA guidance notes for Complete a Transfer page.