- Transferee must be a natural person or legal entity
- Transfer of land to be held for a purpose
- Transfer to executor is not permissible
- No survivorship
- Transfer creating a joint tenancy
- Transfer severing a joint tenancy
- The Prepare Transfer screen defaults to Simple mode. Use this mode to perform a full transfer of ownership for all titles in the transfer.
- Lease/Mortgage/Other mode is currently unsupported. To use this mode, prepare the instrument in Legacy Landonline.
- Mandatory fields in the Prepare Transfer page are marked with a red asterisk (*) and must be completed for successful pre-validation and submission.
- Go to Legacy Landonline for titles subject to a withholding direction (hidden), or if you need to use ‘change due to pending dealing’.
What to do
- 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.
- By default, Simple mode is selected for a transfer instrument.
- 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. See Prepare a transfer in Complex mode.
- Go to Legacy Landonline to prepare a transfer in Lease/Mortgage/Other mode.
- Review all Transferor names (these are added automatically and can’t be edited).
- These details will either be the names of the registered owners or will reflect any prior change of ownership instrument that has already been prepared in the same dealing.
- If required, use the Revert/Update button to re-set the registered owners’ name to reflect the Register and any prior instruments in the dealing. For example, if the name had been edited using ‘change due to pending dealing’ (in Legacy) you can use Revert/Update to revert back to what is recorded on the Register. Also, if a prior instrument has been added to your dealing which changes the registered owner, using Revert/Update will pull through the updated names.
- Go to Legacy Landonline to use ‘Change due to pending dealing’, add alias or other details, or if the titles affected by the transfer are subject to a withholding direction (hidden).
- Select whether the Transferees are Sole or joint tenants or Tenants in common or combination (defaults to Sole or joint tenants).
- A sole tenant indicates only one transferee.
- A joint tenancy can have two or more transferees.
- Tenants in common relates to two or more transferees who hold their interest as to shares. For example, John holds a ¼ share and Jenny holds a ¾ share. Shares must total 1 whole share.
- A combination ownership contains joint tenants and tenants in common. For example, Michael owns a ½ share and Rose and Brian are joint tenants as to the other ½ share, totaling 1 whole share.
- Enter Transferees names and shares where applicable.
- Enter the transferee’s name into the name fields provided. It defaults to individual. Toggle using the individual or corporate icons to change the field between individual and corporate.
Use the Add private individual or Add corporate buttons to add another transferee.
- Use the Add group button in the Tenants in common or combination mode to create a joint tenancy structure.
Use the Share field in the Tenants in common or combination mode to add the share value for each transferee or group (use fractions with all shares equaling 1 share in total).
- Use the person outline icon at the end of the Transferee row (next to the three-dot icon) to add or edit details when your client uses an alias, has a suffix after their name or is a minor (under 20 years old). Upon save this icon will change from an outline of a person to a blue-solid person icon. This functionality is not available for corporate entities.
Use the three-dot icon to move transferees up or down, create or add to a joint tenant’s group, remove a transferee from a group or delete a transferee row.
- If a fencing covenant is required, check the checkbox. Otherwise leave it unchecked.
- 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.
- The resulting ownership will only appear and update each time the page is saved. A pie chart visually reflects the shares/or interests for each resulting ownership. Hover your mouse over each pie chart segment to highlight the affected resulting owner.
- Use the Preview Instrument button to view, print or download the full instrument preview (including any certifications and signatures).
- Save the instrument details (located at the bottom right-hand corner of the page).
- Use Save to save the information and remain on the Prepare instrument page.
- Use Save & back to save the information and return to the Instruments & Roles page.