If you want to transfer ownership of a NSW property to another person, here’s what you need to do.
In NSW, if you want to add a spouse, family member or friend to the title of a property you own, you’ll need to fill out and submit a Transfer Form 01T to Land & Property Information (LPI).
Completing this form allows that person’s legal interest in the property to be recorded on the title to the land.
Here’s what you need to do to finalise a property transfer.
1. Get a copy of the form
In addition to Transfer Form 01T, you’ll also need to complete a Notice of Sale or Transfer of Land (form 10-0520).
These forms are also available:
- Online from the LPI website
- From LPI's customer Service centre
- From the Client Services Counter or the cashiers at the LPI Sydney office
2. Use black or blue ink
If handwriting, use block letters. Don’t use white-out to correct any errors; instead, rule through any material you want to delete and initial the left-hand margin of the form.
3. Provide the Torrens Title
In part (A), enter the number for the Torrens Title for the land being transferred.
4. Provide Lodged By details
In part (B), provide the details of the person or firm lodging the form. You’ll need to enter your name, address, phone number and customer account number (if you have one).
5. Provide the details of the transferor
In part (C), insert the full name of the person or corporation who is the transferor of the property.
6. Insert the consideration figure
In part (D), enter the price or other consideration amount for which the land was transferred.
7. Complete Section (E)
If the land is being transferred to the transferee an estate in fee simple, leave the form as is. If you are transferring an estate other than fee simple, rule through ‘fee simple’ and insert the required estate in uppercase text.
8. Specify the share transferred
If transferring less than the whole of your share, specify the amount being transferred. For example, if you own a half share and are transferring one half of that, insert ‘as regards a one-half share of the transferor’s one-half share’.
9. Writ details
In part (G), if the transfer will be made subject to a writ, enter the registration number of the writ. If no encumbrance applies, leave this section blank.
10. Insert transferee details
Provide the full name (or ACN, ABN or ARBN for a corporation) to whom a share of the property is being transferred.
11. Enter tenancy details
Next, if there is more than one transferee, you must enter the tenancy in which they will hold the land. For example, ‘joint tenants’, ‘tenants in common’ (including the share each tenant wishes to hold) or ‘tenants in common in equal shares’.
12. Execution
This form must be completed by the transferor and transferee or on their behalf – select the relevant option from those provided. Any witness must not be a party to the transaction, must be an adult and must know the person executing. In addition:
- If the form is executed by an individual on their own behalf, their signature must be witnessed
- If the form is executed by an attorney, the power of attorney must be registered and the attorney’s signature included
- If the form is executed by a receiver or delegate, a statement must be included to explain this and the receiver or delegate’s signature must be witnessed
- If the form is executed under authority, the nature of the authority must be disclosed
- If the form is executed by a solicitor or licensed conveyancer on behalf of the transferee, the signatory’s full name and capacity must be included in block letters
- If the form is executed by a corporation, the form of execution should refer to the power of authority relied on by the signatories
13. Complete Section (K)
This section only needs to be completed if the notice of sale data has been forwarded through the eNOS facility.
14. Lodge the form with LPI
In addition to Transfer Form 01T you will need to provide:
- A completed Notice of Sale or Transfer of Land (NOS) form;
- The original Certificate of Title for the relevant property (if not already produced);
- The lodgement fee; and
- If using the form for severance of joint tenancy, a statutory declaration of the names and postal addresses of the other joint tenants and any mortgagees
