Land Transfer Regulations 2002

6 Who must sign paper instruments
  • If the instrument is of a class described in the first column of the following table and the case described in the second column applies, the party or parties specified (opposite those descriptions) in the third column must sign the instrument:

    Instrument Case Parties who must sign
    Transfer instrument (section 90 of Act) Any land or estate or interest in land is transferred The transferor
     An easement is reserved The transferor and the transferee
      An easement or profit à prendre is created or surrendered, or the transfer contains covenants binding on the person who is to take the interest under the transfer The transferor and the person who is to take the interest
    Easement instrument (sections 90A and 90F of Act) The easement to be created or surrendered is not in gross The registered proprietors of the dominant and servient tenements
     The easement to be created or surrendered is in gross The registered proprietor of the servient tenement and the grantee
      A land covenant is created or surrendered The registered proprietors of the dominant and servient tenements
    Easement variation instrument (sections 90C and 90F of Act) The easement to be varied is not in gross The registered proprietors of the dominant and servient tenements
     The easement to be varied is in gross The registered proprietor of the servient tenement and the grantee
      A land covenant is varied The registered proprietors of the dominant and servient tenements
    Mortgage instrument (section 101 of Act) All cases The registered proprietor of the land, estate, or interest affected by the mortgage
    Encumbrance instrument (section 101 of Act) All cases The registered proprietor of the land, estate, or interest affected by the encumbrance
    Mortgage variation instrument (section 102 of Act) The variation only operates to reduce the amount secured or the rate of interest The mortgagee
     The variation only operates to increase the amount secured or the rate of interest The registered proprietor of the land, estate, or interest affected by the mortgage
      All other cases The registered proprietor of the land, estate, or interest affected by the mortgage, and the mortgagee
    Mortgage priority instrument (section 103 of Act) All cases The registered proprietor of the land, estate, or interest affected by the mortgage, and every mortgagee under every mortgage that, as a result of the mortgage priority instrument, will be ranked after any mortgage over which it previously had priority
    Mortgage discharge instrument (section 111 of Act) All cases The mortgagee
    Lease instrument (section 115 of Act) All cases The lessee and the lessor
    Lease variation instrument (section 116 of Act) All cases The lessee and the lessor
    Lease surrender instrument (section 120 of Act) All cases The lessee and the lessor
    Licence to occupy (section 121C of Act) All cases The flat or office owning company and the shareholder
    Variation of licence to occupy (sections 121C and 121E of Act) All cases The flat or office owning company and the licensee
    Surrender of licence to occupy (section 121K of Act) All cases The flat or office owning company and the licensee
    Transmission (section 122 of Act) All cases The person applying to have a transmission registered
    Caveat against bringing land under Act (section 136 of Act) All cases The caveator or the caveator's attorney or agent
    Caveat against dealings with land under Act (section 137 of Act) All cases The caveator or the caveator's attorney or agent
    Withdrawal of caveat (section 147 of Act) All cases The caveator or the caveator's attorney or agent under a written authority (or without written authority if the proviso to section 147 of the Act applies)

    Regulation 6: substituted, on 8 October 2007, by regulation 5 of the Land Transfer Amendment Regulations (No 2) 2007 (SR 2007/261).