Registration requirements
A transmission instrument under section 87 of the Land Transfer Act 2017 is used to register a person as the owner of an estate or interest that has vested in that person by operation of law. A transmission instrument must be registered before the applicant can deal with (e.g. transfer) the estate or interest.
A transmission instrument must contain the core information set out in regulation 5 of the Land Transfer Regulations 2018, as well as:
- the full name of the registered owner of the estate or interest
- the grounds for the transmission
- the date that the applicant became entitled to the estate or interest (i.e. the date acquired – see table below)
- the trusts or equities affecting the estate or interest (if any), and
- evidence that establishes the applicant’s entitlement to the estate or interest.
Common grounds for transmission include:
- As survivor of a joint tenancy.
- As executor or administrator of a deceased estate.
- As successor on amalgamation of companies.
Practitioners certifying electronic transmission instruments must hold the following evidence to support their certifications:
- an A&I form from the applicant
- a statutory declaration from the applicant, and
- evidence to support the grounds for the transmission (see table below).
Statutory declaration forms for transmission by survivorship and transmission to an executor or administrator can be found on the Land registration forms page.
Instrument code
The instrument code for a transmission instrument is: TSM.
Transmission types
The transmission types available in Landonline are:
|
Transmission type |
Evidence |
Date acquired |
|---|---|---|
|
Survivorship |
Death certificate |
Date of death |
|
Executor/Administrator |
Probate (for executor) or letters of administration (for administrator) |
Date probate or letters of administration issued |
|
Bona Vacantia - s324 Companies Act 1993 |
As provided by Treasury |
Date of vesting in His Majesty the King |
|
Bona Vacantia - s77 Administration Act 1969 |
As provided by Treasury |
Date of vesting in His Majesty the King |
|
Building Societies Act 1965 - Sec 113E Conversion |
Certificate of incorporation |
Date of registration of the company shown in the certificate of incorporation |
|
Building Societies Act 1965 - Sec 34 Union |
Certificate of notice of the union or transfer |
Date of registration by Registrar of Building Societies of the notice of union or transfer |
|
Company - Part 13 Companies Act 1993 |
Certificate of amalgamation and, where necessary, certificate of incorporation |
Date of registration of the amalgamated company shown in the certificate of amalgamation |
|
Determination of Life Estate or Lease for Life on Death |
Death certificate of the life tenant |
Date of death |
|
Incorporated Societies Act 2022 – Sec 225 |
Direction made by the Registrar of the Incorporated Societies |
Date the direction was made |
|
Joint Family Homes Act 1964 (simultaneous deaths only) |
Probate (for executor) or letters of administration (for administrator) |
Date probate or letters of administration issued |
|
Official Assignee - Insolvency Act 1967 |
Court Order adjudicating the person bankrupt |
Date of Court Order adjudicating the person bankrupt |
|
Official Assignee - Insolvency Act 2006 |
Court Order adjudicating the person bankrupt |
Date of Court Order adjudicating the person bankrupt |
|
Simultaneous Deaths Act 1958 |
Probate (for executor) or letters of administration (for administrator) |
Date probate or letters of administration issued |
|
Survivorship - s72 Property Law Act 2007 |
Notice of removal from the register under the Companies Act 1993 |
Date of removal from the Companies Register |
|
Trustee change - District Grand Lodges Act 1976 |
Register of Trustees or a certificate under the relevant Act |
Date of appointment of new trustees |
|
Trustee change - Grand Lodge of Freemasons Act 1903 |
Register of Trustees or a certificate under the relevant Act |
Date of appointment of new trustees |
|
Trustee change – Provincial Grand Lodges Act 1946 |
Register of Trustees or a certificate under the relevant Act |
Date of appointment of new trustees |
Other transmission types are not e-dealing capable and instead can be lodged by manual dealing.
Transmission checklist
Our transmission checklist can help you with the registration requirements for transmissions.
Freemason trustee changes
Our Vesting under ‘Grand Lodge’ statutes page has more information about Freemason trustee changes.
Change of name, transmission or transfer - what should be used when
Our Change of Name, Transmission and Transfer page provides guidance on which instrument to use and when to use it.