If you wish to transfer an interest or share in your land to another person, including a member of your family or a friend, you must lodge a Transfer form 01T (PDF 268 KB) with NSW LRS, to have that legal interest recorded on the title to the land.
Where do I get Transfer forms?
The forms you will need to complete and lodge are a Transfer form 01T (PDF 268 KB) and Notice of Sale or Transfer of Land (form 10-0520).
Transfer forms are available from:
- suppliers of legal stationery;
- Client services counter, NSW LRS, Sydney office
- NSW LRS's customer Service Centre T: 1300 052 637 (for single forms)
Where do I get Notice of Sale forms?
Customers are able to complete and lodge notices of sale (NOS) online using NSW LRSs electronic notice of sale form (eNOS) available from the NSW LRS Online portal or hard copy versions can be obtained from:
- suppliers of legal stationery
- the cashiers, NSW LRS Sydney office
- Client services counter, NSW LRS, Sydney
- NSW LRS's customer service centre T: 1300 052 637 (for single forms)
Severance of a joint tenancy by unilateral action
A joint tenant can sever the joint tenancy by transferring his or her share to himself or herself. The joint tenancy can also be severed by one joint tenant transferring his or her interest to a person who is not part of the joint tenancy. Both these situations are referred to as a unilateral severance of joint tenancy.
In the case of a joint tenant transferring to himself or herself there is a prescribed form being a Transfer severing Joint Tenancy form 01TJ (PDF 97 KB).
In the case of a joint tenant transferring his or her interest to a person who is not part of the joint tenancy or transfers their interest to less than all other joint tenants there is a prescribed form being a Transfer by a Joint Tenant form 01JI (PDF 74 KB).
After a transfer that would sever a joint tenancy is lodged the Registrar General must, in most cases, notify the other joint tenant(s) that the transfer has been lodged. Therefore, it is necessary to supply the names and postal addresses of the other joint tenants and any mortgagee by way of a statutory declaration.
The Transfer severing Joint Tenancy form 01TJ (PDF 97KB) incorporates this statutory declaration.
After lodgment of a Transfer severing Joint Tenancy, notices are prepared and forwarded to the other joint tenants and registration is delayed for 30 days or until earlier receipt of written consent from all of the affected joint tenants. This is to provide for a response from an affected joint tenant.
What needs to be lodged with NSW LRS to register a Transfer?
You must lodge the following documents with NSW LRS:
- the completed Transfer form 01T (PDF 268 KB) marked by Revenue NSW, or Transfer severing Joint Tenancy form 01TJ (PDF 9 KB) and
- a completed Notice of Sale or Transfer of Land (NOS) form and
- the original Certificate of Title for the relevant property (if this has not been already produced by a mortgagee or another party) and
- a statutory declaration of the names and postal addresses of the other joint tenants and any mortgagees (if using a Transfer form 01T) for a severance of joint tenancy) and
- the current lodgment fee must be paid at lodgment (see schedule of fees).