Overview
Use Instrument mode to transfer ownership of a mortgage, encumbrance or other interest, such as an easement instrument.
Go to Legacy Landonline to transfer a lease instrument.
More than 1 affected instrument can be transferred, except when the instrument number is manually entered. You can only enter 1 affected instrument.
Mandatory fields are marked by a red asterisk * and must be completed for successful pre-validation, certify and sign and submission.
Leases
If a Leasehold Title or Composite Title has been created for a lease, use either Simple or Complex mode to complete the transfer.
Go to Legacy Landonline to add images.
What to do
1. Navigate to the Prepare transfer page.
- When an instrument is collapsed select the instrument hyperlink to navigate to the Prepare instrument page.
- When an instrument is expanded select the Prepare button.
- Use the three-dot icon at the end of an instruments row and select Prepare instrument.
2. Select Instrument to change to this mode.
The mode type can be changed back to Simple if transferring full ownership over all affected titles.
The mode type can be changed to Complex when transferring only part of the land; or on behalf of a third party; when dealing with only some of the transferors shares and/or interests on one or more titles; or when adding specific clauses and wording.
3. If relevant, select 1 or more mortgage instruments to be transferred. The names of the interest holders will automatically display.
You can use the:
- Change due to pending dealing toggle under the transferors to edit, add or delete the names displayed. For example, use when an instrument in a prior dealing is updating who the transferor will be.
- Revert/Update button above the Transferors section to re-set the interest holder's name to reflect the Register and any prior instrument in the dealing. For example, if the interest holder's name has been edited using Change due to pending dealing it will revert to what is recorded on the Register. Or, if a prior instrument has been added to your dealing which changes the interest holder, using Revert/Update will pull through the updated names.
4. If the instrument you are transferring isn't a mortgage, check the Manually enter Instrument number checkbox to enter details for the instrument, such as an easement, or when dealing with a protected (hidden) instrument.
- Enter the instrument number to be transferred.
- Enter the Transferor name. Use a comma to separate names when there are multiple Transferors.
- This instrument will step down to Lodge if these fields are used.
Go to Legacy Landonline to transfer a lease instrument.
Leasehold Title or Composite Title not issued
When transferring a lease for which a Leasehold Title or Composite Title has not been issued, you must manually enter the lease instrument number into the Instrument number field.
5. Select whether the Transferees are Single or Joint (default option) or Shares.
- Use Single or Joint for either a sole transferee or joint transferees
- Use the Shares button where transferees will hold the ownership in shares or amounts. Use a number, fraction or dollar value.
- Shares will be disabled when an instrument number has been manually entered into the Transferor section. If you need to add shares to the transferees, use the Additional Clauses, Conditions or Intent field to explain the intent for the transferees.
6. Select or enter a Transferee.
- Click in the Name field to view a list of lenders that have associated quick codes. The most common lenders are listed first. Either scroll down the list or start typing the lender's name to filter the available options.
- For other interest holders, for example, private individuals, type the name directly into the field and then select it from the drop-down field.
- Use the Add Transferee button to add another transferee row.
- Use the Add group button in the Shares mode to create a joint tenancy structure, including a field to indicate what share the joint tenancy holds.
- Use the three-dot icon to move transferees up or down in the list, create a joint transferee group, remove a transferee from a group or delete transferee rows.
Transferring part interest in an instrument
If you're transferring only a part interest in the instrument, enter the share value in the Share field for the transferee. You will also need to add text and comment to clarify the intent.
7. Use the Additional Clauses, Conditions, or Intent field to include additional details, such as supplementary clauses and conditions, or to clarify the intent of the transfer. This field is for free text. Use this field to:
- explain additional clauses and conditions
- identify tenants
- clarify intent when transferring only part of the interest in the instrument. Make sure you clearly explain the intent. For example: 'To the effect that the residue of the title [title ref] remains subject to the caveat'.
This instrument will step down to Lodge if you enter text in this field.
Adding images
Go to Legacy Landonline to add an image.
8. The Summary tab will automatically update and display a read-only summary of some key details entered on the left-hand side of the page.
- Use the Preview instrument button to view, print or download the full instrument preview including any Add Text fields, certifications and signatures.
