Form 01TH (PDF 150 KB)
Dealing type - TH
Legislation
s87A Conveyancing Act 1919 (forestry right)
s88AA Conveyancing Act 1919 (profit à prendre)
Stamp duty - required only where monetary consideration is paid for the creation of a profit à prendre or forestry right, otherwise not required.
NOS form - not required.
Standard form of Caveat - prevents registration if noted on the servient tenement. Does not prevent registration if:
- noted on the dominant tenement.
- the easement is granted by a mortgagee or chargee in possession.
Priority Notice noted on the Register - see Priority Notice page.
NOTE: This dealing type signed on or after the 22/3/2021 must be lodged electronically using an Electronic Lodgment Network (see Conveyancing Rules 8.7 and 8.8).
Where a required mandated dealing is excluded from electronic lodgment or circumstances allow the Registrar General to waive electronic lodgment under Conveyancing Rules 8.7 and 8.8, the incoming dealing must be accompanied with the Conveyancing Rules Exemptions form 2021 indicating the exemption.
Minister's consent is required where a Crown land restriction pursuant to s102 Crown Lands Act 1989 is noted on the Register.
The consent of any lessee is required.
A plan fee is payable where the dealing is reliant on a plan annexed. Note There is no plan fee payable for a plan annexed that is used solely to explain terms found in the agreement, e.g. used to describe afforestation areas, fire breaks etc.
Also see:
(A) The reference to title for the servient tenement (land burdened) and, if applicable, the dominant tenement (land benefited) must be stated. Note A profit à prendre or forestry right may or may not have a dominant tenement.
If the dominant tenement is Old System land it must be described by reference to an instrument registered in the General Register of Deeds.
(C) The full name of the transferor must be stated and must be identical to the name of the registered proprietor of the servient tenement as shown on the Register.
A mortgagee or chargee in possession may grant a profit à prendre or forestry right. The transfer must be accompanied by a statutory declaration stating that the mortgagee or chargee is in exclusive possession of the land.
(D) The full name of the transferee must be stated and must be identical to the name of the registered proprietor of the dominant tenement as shown on the Register, if applicable. Note A party other than a statutory authority may create a profit à prendre or forestry right in gross.
Where the dominant tenement is Old System land the reference to the transferee must be amplified to read '... or such other owner of an estate in fee simple in the dominant tenement described above', see Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [140.300(Ii)].
(E) Tenancy/shares must be stated where there is more than one transferee.
The consideration is optional.
(F) The inappropriate clause(s) must be deleted and verified.
(G) The details must be completed.
(H) A writ must be noted in the Encumbrances, or the Court must consent to the dealing, or the writ must be removed.
(I) The transfer must be executed by the transferor1 and be witnessed, or be executed on their behalf by the following:
- attorney and witnessed
- authorised officer and witnessed.
NOTE: A solicitor, barrister or licensed conveyancer cannot execute on behalf of the transferor.
The transfer must be executed by the transferee1 and be witnessed, or be executed on their behalf by the following:
- attorney and witnessed
- authorised officer and witnessed
- solicitor or barrister
- licensed conveyancer.
1 Where the transferor or transferee is the Owners Corporation of a Strata scheme, execution must take the form as set out in Strata Schemes Approved Form 23 (PDF 128 KB). The following certificates are also required:
- Strata Schemes Approved Form 14 (PDF 8 KB) where the Owners Corporation benefits from the dealing or
- Strata Schemes Approved Form 13 (PDF 23 KB) where the Owners Corporation is burdened by the dealing and
- Strata Schemes Approved Form 10 (PDF 8 KB) where the initial period is not shown as expired on the common property title.
1 Where the transferor or transferee is the Association of a Community, Precinct or Neighbourhood scheme, execution must take the form as set out in Community Title Schemes Approved Form 18. A certificate as in Community Title Schemes Approved Form 21 is also required.
If the profit a prendre being created benefits association property or the whole of a community parcel then an ordinary resolution and a certificate as in Community Title Schemes in Approved Form 40 is required.
NOTE: A transfer creating a profit à prendre or foresty right in gross must be executed by:
- an authorised officer of the statutory authority gaining the benefit of the profit à prendre or foresty right. The capacity of the officer must be stated and the execution must be witnessed or
- a solicitor acting for the statutory authority gaining the benefit of the profit à prendre or foresty right.
See execution requirements for companies, witnesses etc pages.
Staff processing information
Refer to SM99 except for the following.
Refer to SD31
A transfer involving:
- an Aboriginal Association or corporation
- the NSW/Local Aboriginal Land Council.
Registration procedure
Profit à prendre with no dominant tenement or in gross
TRANSACTION ON
PRIME CODE PP
DETAILS Profit A Prendre To [transferee] Expires ...
Forestry right with no dominant tenement or in gross
TRANSACTION ON
PRIME CODE FRC (carbon sequestration)
FRT (timber)
DETAILS [transferee] Expires ...
Profit à prendre with a dominant tenement
On the servient tenement:
TRANSACTION ON
PRIME CODE PP
DETAILS Profit A Prendre To [transferee] Affecting The Land Above Described. Expires ...
On the dominant tenement:
TRANSACTION ON
PRIME CODE PP
DETAILS Profit A Prendre To [transferee] Appurtenant To The Land Above Described Affecting [reference to title of the servient tenement]. Expires ...
Forestry right with a dominant tenement
On the servient tenement:
TRANSACTION ON
PRIME CODE FRC (carbon sequestration)
FRT (timber)
DETAILS [transferee] Affecting The Land Above Described. Expires ...
On the dominant tenement:
TRANSACTION ON
PRIME CODE FRC (carbon sequestration)
FRT (timber)
DETAILS [transferee] Appurtenant To The Land Above Described Affecting [reference to title of the servient tenement]. Expires ...