Transfer (T1)

Section 96 of the Real Property Act 1886 (SA) requires the transferor and transferee to execute a transfer in the appropriate form and lodge it for registration. The transfer must describe the land and accurately state the estate or interest being transferred (s 96(2)). Form T1 is the form for simple transfers; Land Services SA's guidance notes direct complex transfers to Form T2 and transfers of a mortgage, encumbrance or lease to Form T3, and say T1 cannot be used to create a right of way or other easement. Before registration, a prescribed person (a lawyer, registered conveyancer, or the unrepresented party) must certify the matters in section 273, including verification of identity and authority.

When you need it

• Land is being sold, gifted or otherwise transferred and the transfer is a simple one.
• A registered proprietor is transferring the whole of a title, or a defined portion, or a share such as 'as a joint tenant with ... in 1/4 share'.
• You are self-represented and dealing in paper, or the dealing is exempt from mandatory electronic lodgement (for example it affects only part of a title, or involves a minor or a trustee).

1. 1

   Land description and estate

   State whether the whole or a portion of the land in the certificate of title or Crown lease is transferred, for example 'Whole of the land in CT Volume ... Folio ...'. Insert 'FEE SIMPLE' or 'CROWN LESSEE', and the share being transferred if less than the whole.

2. 2

   Transferor

   Give the full name and current address. If the name has changed and the transferor is disposing of their whole interest, tie the names up ('[new name] registered as [old name] as a consequence of [reason]'); if they keep an interest, lodge a change of name application first. State any capacity, such as executor or administrator.

3. 3

   Consideration

   Insert the consideration in words and figures.

4. 4

   Transferee and mode of holding

   Give each transferee's full name and address and how they will hold: as joint tenants, or as tenants in common with the shares stated (for example 'as to 1/3 share'). If a transferee is a minor, say so and give the date of birth.

5. 5

   Certifications and tie-up

   Complete the transferee and transferor certifications, deleting any that do not apply. Self-represented parties make only the certifications about retaining evidence and the document being correct and compliant. Complete the tie-up details (land, consideration, transferor, transferee) under the transferor certification. An attorney or a body corporate cannot certify.

• Have the transfer assessed for stamp duty by Revenue SA before lodging it with Land Services SA.
• Transfers are on the Registrar-General's list of dealings that must be lodged electronically through an Electronic Lodgement Network Operator (mandated from 3 August 2020), subject to listed exemptions. A paper channel remains available for self-represented parties, lodged at Land Services SA's premises through the Face to Face service.
• Include verification of identity documents, a self-represented party authorised person certification, and verification of authority documents (two forms, such as a council rates notice and a utilities bill), as the self-represented transfer checklist explains. Dealings cannot be accepted if these requirements are not met.
• A registration fee applies, calculated on the sale price or capital value of the property, whichever is greater. Use Land Services SA's fee calculator to work it out.

• The transfer is subject to any prior registered interests, such as a mortgage, lease or permissive caveat. Search the title first.
• A transferee of mortgaged land is taken to covenant to pay the mortgage and indemnify the transferor (s 97). Discharge or deal with the mortgage before transfer where that is the intention.
• False certification can attract penalties of up to $10,000 or 2 years imprisonment under section 273(1), as the guidance notes warn. Land Services SA strongly recommends a conveyancer or solicitor.