Transfer of Mortgage, Encumbrance or Lease (T3)

Section 150 of the Real Property Act 1886 (SA) allows a registered mortgage, lease or encumbrance to be transferred by a transfer in the appropriate form. When it is registered, the transferor's interest and all rights under the instrument pass to the transferee, who takes on the same liabilities as if originally named in it (s 151). In a transfer of a lease, the transferee is taken to covenant with the transferor to pay the rent and perform the lessee's covenants (s 152). Form T3 is used with prefix TM (mortgage), TE (encumbrance), TL (lease) or TU (underlease). If a mortgagee gives the certification under section 273, the transfer is taken to have been executed by the mortgagee (s 150(2)).

When you need it

• A lender is transferring a registered mortgage to another lender (TM).
• A lessee is assigning a registered lease to an incoming tenant (TL), or an underlessee is assigning an underlease (TU).
• The holder of a registered encumbrance is transferring it (TE).
• Use it for an unregistered mortgage, lease or encumbrance lodged in series, identifying it by parties and date.

1. 1

   Instrument being transferred

   Delete the inapplicable words and identify the mortgage, encumbrance, lease or underlease by its registered number. If unregistered, describe it by parties and date, for example 'Lease dated ... from A to B lodged contemporaneously herewith'.

2. 2

   Land description and estate

   Describe the whole or portion of the land the instrument affects. In Estate and Interest insert Mortgagee, Encumbrancee, Lessee or Underlessee, with the quantum if less than the whole, for example 'Mortgagee as regards 1/2 share'.

3. 3

   Transferor and consideration

   Give the transferor's full name, current address and any executor or administrator capacity. If the name has changed and the transferor keeps part of the interest, lodge an Application to Note Change/Correction of Name first; if disposing of everything, 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 (joint tenants or tenants in common, with shares if unequal).

5. 5

   Date, certification and tie-up

   Date the form, complete the transferee and transferor certifications, and fill in the tie-up details at the bottom of the transferor certifications. Where the certifier is the mortgagee or an employee of a body corporate mortgagee, the first two certifications do not apply.

• Transfers of mortgage (TM) executed on or after 3 August 2020, and transfers of encumbrance, lease and underlease (TE, TL, TU) executed on or after 8 April 2024, must be lodged electronically through an Electronic Lodgement Network Operator unless an exemption applies.
• Listed exemptions include transferring less than all the lessees', underlessees' or mortgagees' interests, transferring a mortgage over part of a title, and transferring an unregistered instrument lodged in series.
• Self-represented parties and exempt dealings lodge on paper with Land Services SA through the Face to Face service.
• A registration fee applies. Check Land Services SA's current fee schedule.

• Check the lease before a TL: it may require the lessor's consent to an assignment.
• The transfer is subject to interests registered or noted against the interest being transferred, such as a mortgage of the lease.
• Verification of Identity and Verification of Authority requirements must always be complied with, according to the guidance notes.