Transfer (Dealing with Rights) (T2)

Section 96 of the Real Property Act 1886 (SA) requires the transferor and transferee to execute a transfer in the appropriate form when land is transferred, or when a right of way or other easement is created or transferred. The transfer must describe the land and state accurately the estate or interest being transferred or created. An easement can also be created by reservation to the transferor in the transfer itself (s 96AA). Land Services SA lists Form T2 as 'Transfer (Dealing with Rights)': it is for the complex type of transfer, while Form T1 is the simple transfer, T3 transfers a mortgage, encumbrance or lease, T4 is a mortgagee's power of sale transfer, and TG grants an easement where no land is transferred.

When you need it

• Land is being transferred and a right of way or other easement is being created or reserved in the same instrument.
• An existing easement is to be excluded from the transfer or merged in the transferee's land.
• Part of the land in a title is being transferred together with rights over other parts.
• For a plain transfer with no rights, use Form T1; for an easement with no land transferred, use Form TG.

1. 1

   Land description

   Where rights are created, state 'The whole of the land in CT Volume ... Folio ...' and define the land and rights under the operative clause. Where part is transferred with no rights, define the part precisely, for example 'Allotment 4 in DP ... being portion of the land in CT Volume ... Folio ...'.

2. 2

   Estate and interest

   Insert 'Fee Simple' or 'Crown Lessee', and the quantum if less than the whole, for example a share held as joint tenant or tenant in common.

3. 3

   Transferor and consideration

   Give the transferor's full name and current address, and any executor or administrator capacity. If the transferor's name has changed and they keep an interest after the transfer, lodge an Application to Note Change/Correction of Name first; if they dispose of their whole interest, tie up the name in the panel. Insert the consideration in words and figures.

4. 4

   Transferee

   Give full name, address and mode of holding ('as joint tenants' or 'as tenants in common', with each share if unequal). If a transferee is a minor, say so and give the date of birth.

5. 5

   Operative clause and rights panel

   Strike through 'hereinafter' if no easement is involved. Strike through 'above' if an easement is created, excluded or merged, and describe the easement and the affected portions of land in the panel below the operative clause.

6. 6

   Date, certification and tie-up

   Date the form and complete transferor and transferee certifications, deleting those that do not apply. Fill in the tie-up details (land, consideration, transferor, transferee) at the bottom of the transferee certifications.

• Transfers (prefix T) executed on or after 3 August 2020 must be lodged electronically through an Electronic Lodgement Network Operator unless an exemption applies. Exemptions include transferring part of the land in a title, a transfer that issues a new certificate of title, and a transfer that needs an attachment.
• Self-represented parties and exempt dealings lodge on paper with Land Services SA. Members of the public use the Face to Face service.
• Verification of Identity and Verification of Authority requirements must always be complied with, according to the guidance notes.
• A registration fee applies. Land Services SA publishes a property transfer fee calculator and its current fee schedule.

• Describe easements precisely, with the dominant and servient land and the plan reference. Vague rights panels are a common requisition point.
• The transfer takes effect subject to prior registered interests such as a mortgage or permissive caveat.
• Self-represented parties make only the two certifications about retaining evidence and correctness. An attorney or a body corporate cannot certify.