Find out what professional assistance you might need and how to engage a registered conveyancer, legal practitioner or licensed surveyor.
Change your residential, postal or company address. If you don't do this your old address will remain on the certificate of title.
Your Certificate of Title needs to be updated if you have changed your name. Read more to find out how to change your name on your Certificate of Title.
Notification of a death
While Land Services SA cannot provide legal advice on property transactions, we have developed resources to assist you, should you decide to prepare and lodge your own legal documents as a self-represented party.
You can search the history of a block of land and research family history through the register book.
Subscribe to our Title Watch service and monitor activity against selected properties
Read the latest communications from the Registrar-General.
The Registrar-General’s Statutory Instruments set out specific legal requirements for dealing with land in South Australia.
This calculator will add up the fee for all types of plans and documents that can be lodged with Land Services SA.
The property transfer fees calculator quickly figures the stamp duty
Click here to view all relevant Land Transaction Fees
The Registrar-General’s Plan Presentation Requirements (PPR) describes the requirements for property related plans lodged Land Services SA in South Australia.
Lodge your cadastral survey plans through the Electronic Plan Lodgement System.
Land Services have developed a Guidance Note to assist Industry Professionals when completing an "Application for Rectification of Boundaries under s223J of the Real Property Act 1886."
Keep Your Mortgage Book in Check with the Official Source of Truth
Find out SAILIS account and invoicing updates here
Electronic Conveyancing (eConveyancing) allows practitioners and financial institutions to lodge and settle conveyancing transactions in an electronic workspace provided by an Electronic Lodgement Network Operator (ELNO). A paper lodgement channel remains available for self-represented parties.
The electronic platform enables parties to:
Enquiries relating to the preparation, data entry, and resulting error messages for electronic documents, should in the first instance be referred to the Electronic Lodgement Network Operator to which you subscribe.
There are two approved Electronic Lodgement Network Operators (ELNO) in South Australia:
To find out more, including information on becoming a subscriber to lodge dealings electronically, visit www.pexa.com.au or www.sympli.com.au
The Registrar-General has mandated the electronic lodgement of the following dealings. These dealings represent approximately 92% of the total dealings lodged:
Prefix
Dealing
Dealing Executed on or after
AD
Application to Register Death by Survivor
3 August 2020
AD2
Application to Register Death (Subsidiary Interest)
ADD
Death of Lessee Determining Lease
8 April 2024
AG
Agreement
AH
Heritage Agreement
AR
C
Covenant
CN
Change of Name
CN2
Change of Name (Subsidiary Interest)
CO2
Order of Court
*(Mandate only applies to CO2’s lodged in relation to section 8 of the Enforcement of Judgments Act 1991)
CR
Cancellation of Retirement Village
DA
Discharge Misc Advance/Charge/Order of Court
*(Mandate only applies to DA’s lodged in relation to section 8 of the Enforcement of Judgments Act 1991)
DC
Discharge of Covenant
DE
Discharge of Encumbrance
*(Existing mandate extended to include “by virtue of death of annuitant’)
DM
Discharge of Mortgage
3 April 2017
E
EL
Lease
M
Mortgage
12 February 2018
M:CN
Mortgage (justification for change of mortgagor name)
MC
Notice of Charge
MC2
Notice of Charge (Subsidiary Interest)
PE
Partial Discharge of Encumbrance
PLN
Partial Withdrawal of Lien
PM
Partial Discharge of Mortgage
PW
Partial Withdrawal of Warrant
RA
Rescind an Agreement
RL
Re-Entry of Lease
RU
Re-Entry of Underlease
RX
Removal of Caveat
SL
Surrender of Lease
T
Transfer
TA
Transmission Application
TE
Transfer of Encumbrance
TA2
Transmission Application (Subsidiary Interest)
TM
Transfer of Mortgage
TH
Termination of Heritage/Access Agreement
TL
Transfer of Lease
TU
Transfer of Underlease
UL
Underlease
WL
Withdrawal of Lien
WS
Warrant of Sale
WS2
Warrant of Sale (Subsidiary Interest)
WW
Withdrawal/Satisfaction of Warrant
WX
X
Caveat
The Registrar-General has agreed that where one or more of the following circumstances apply, the dealing will be exempt from electronic lodgement and Land Services SA will accept the dealing lodged in paper.
Download printable version here
Dealings which fit one or more of the following circumstances are considered not electronically tradable and are exempt from electronic lodgement:
The above applies to all categories of electronic lodgements, including mandated and residual dealings.
The mandatory electronic lodgement of a MORTGAGE dealing will not apply when:
The mandatory electronic lodgement of a DISCHARGE OF MORTGAGE dealing will not apply when:
The mandatory electronic lodgement of a TRANSFER OF MORTGAGE dealing will not apply when:
The mandatory electronic lodgement of an EXTENSION OF MORTGAGE dealing will not apply when:
The mandatory electronic lodgement of a CAVEAT dealing will not apply when:
The mandatory electronic lodgement of a WITHDRAWAL OF CAVEAT dealing will not apply when:
The mandatory electronic lodgement of a REMOVAL OF CAVEAT dealing will not apply when:
The mandatory electronic lodgement of an ENCUMBRANCE dealing will not apply when:
The mandatory electronic lodgement of a DISCHARGE OF ENCUMBRANCE dealing will not apply when:
The mandatory electronic lodgement of a TRANSFER OF ENCUMBRANCE dealing will not apply when:
The mandatory electronic lodgement of an EXTENSION OF ENCUMBRANCE dealing will not apply when:
The mandatory electronic lodgement of a TRANSFER dealing will not apply when:
The mandatory electronic lodgement of a TRANSMISSION APPLICATION dealing will not apply when:
The mandatory electronic lodgement of an APPLICATION TO REGISTER DEATH dealing will not apply when:
The mandatory electronic lodgement of a LEASE dealing will not apply when:
The mandatory electronic lodgement of a UNDERLEASE dealing will not apply when:
The mandatory electronic lodgement of a SURRENDER OF LEASE dealing will not apply when:
The mandatory electronic lodgement of a SURRENDER OF UNDERLEASE dealing will not apply when:
The mandatory electronic lodgement of a TRANSFER OF LEASE dealing will not apply when:
The mandatory electronic lodgement of a TRANSFER OF UNDERLEASE dealing will not apply when:
The mandatory electronic lodgement of an EXTENSION OF LEASE dealing will not apply when:
The mandatory electronic lodgement of an EXTENSION OF UNDERLEASE dealing will not apply when:
The mandatory electronic lodgement of a CHANGE OF NAME dealing will not apply when:
The mandatory electronic lodgement of an AGREEMENT dealing will not apply when:
The mandatory electronic lodgement of a RESCISSION OR TERMINATION OF AN AGREEMENT dealing will not apply when:
The mandatory electronic lodgement of a BANKRUPTCY dealing will not apply when:
The mandatory electronic lodgement of an ORDER OF COURT dealing will not apply when:
The mandatory electronic lodgement of a DISCHARGE OF ADVANCE/CHARGE/ORDER OF COURT dealing will not apply when:
The mandatory electronic lodgement of a LIEN dealing will not apply when:
The mandatory electronic lodgement of a WITHDRAWAL OF LIEN dealing will not apply when:
The mandatory electronic lodgement of a RETIREMENT VILLAGE dealing will not apply when:
The mandatory electronic lodgement of a CANCELLATION OF RETIREMENT VILLAGE dealing will not apply when:
The mandatory electronic lodgement of a NOTICE OF CHARGE dealing will not apply when:
The mandatory electronic lodgement of a WARRANT OF SALE dealing will not apply when:
The mandatory electronic lodgement of a WITHDRAWAL OF WARRANT dealing will not apply when:
The mandatory electronic lodgement of a COVENANT dealing will not apply when:
The mandatory electronic lodgement of a DISCHARGE OF COVENANT dealing will not apply when:
The mandatory electronic lodgement of a GENERAL APPLICATION dealing will not apply when:
The mandatory electronic lodgement of a POWER OF SALE dealing will not apply when:
The mandatory electronic lodgement of a RE-ENTRY dealing will not apply when:
To deal with “Work in Progress”, Land Services SA will accept the paper lodgement of a mandated dealing where the dealing is executed prior to the date for mandatory electronic lodgement of the dealing.
New functionality has been introduced to enable the electronic lodgement of dealings which were previously not electronically tradable. These are known as ‘residual dealings’. Residual Dealings will continue to be introduced incrementally, with notice being provided to industry as additional dealings become available.
A User Guide has been developed that details the Residual Dealings that can currently be lodged electronically in South Australia, and includes a summary of the requirements for each. This User Guide will continue to be updated as additional functionality is introduced to allow the lodgement of additional Residual Dealings.
On 12 June 2019, the Registrar-General exercised discretion under section 273(2) of the Real Property Act 1886 (the Act) to exempt all of the classes of instrument prescribed by regulation under Part 4 Regulation 12(2) of the Real Property Regulations 2009 (the Regulations) from all of the certification requirements under section 273(1) of the Act.
The Registrar-General has now revoked that exercise of discretion and, pursuant to section 273(2) of the Act, exempts only the classes of instrument listed in the attached Schedule (from those classes of instrument prescribed by regulation under Part 4 Regulation 12(2) of the Regulations) from all of the certification requirements under section 273(1) of the Act.
Land Services SA, together with the Office of the Registrar-General have published responses to some of the industry’s most frequently asked questions.
Please view the eConveyancing FAQs here
New E-Conveyancing Tip of the Month
July 2025
As notified by Customer Information Bulletin Issue 412, new fees and charges came into effect on 1 July 2025.
Temporary withdrawals received by this office on, or after, 1 July 2025 will attract the new withdrawal fee of $79. In addition, dealings being re-lodged as part of the temporary withdrawal process will be required to pay the difference between the previous financial year’s registration fee and the new financial year’s registration fee as they are considered new lodgements.
It is also important to note that reductions in stamp duty in relation to Qualifying land and First Home Owners Concessions do not result in a reduction in the registration fee. The normal ad valorum rate is still applicable.
Previous E-Conveyancing Tip of the Month
June 2025
The current top five electronic requisitions relate to the following:1.Names – incorrect spelling in Transferee/Applicant panels.2.Evidence – not uploaded and attached, or incorrect file uploaded.3.Evidence detail – the data entered in the electronic workspace does not match produced evidence i.e. death date, Probate date, Executor/Administrator name spelling and capacity, and Executor leave reserved.4.Name tie up in Transferor panel where a name change has occurred.5.Temporary Withdrawal (Re-lodgement) required – series lodged out of order, or required document not lodged.Please note that it is the responsibility of the Certifier to ensure that the lodged dealing is correct and compliant with relevant legislation and any Prescribed Requirement.
May 2025
For electronic lodgements, when selecting the category of Court Order pursuant to Section 8 of the Enforcement of Judgments Act 1991, it is important to be aware of the wording in the Court Order, and to then correctly select the dealing option that accurately reflects the wording in the Court Order. The copy of the signed, sealed Court Order, which is a mandatory attachment, will specify whether the Judgment Debtor is “prevented” or “prohibited” from dealing with the land whilst the charge remains in force. This clause is generally disclosed at paragraph 4 of the Court Order and is subsequently noted on the register.The incorrect selection may result in a requisition.
April 2025
Has your business moved premises? Has your postal address, or contact details, changed? Are you receiving your requisitions?
If your business has changed their contact details and/or their postal address, it is essential that you update your contact details and delivery instructions, for both electronic and paper lodgements, to ensure that requisitions, dealing deliveries, and communications from Land Services SA can be received in a timely manner.
To update the details attached to your land registry electronic agent code you are required to update your Land Registry Correspondence Details online, through your Electronic Lodgement Network Operator (ELNO). Please note that Land Services SA is unable to alter any agent or subscriber details relating to electronic lodgements.
Agent code details for paper lodgement can only be updated through Land Services SA, please email details of required updates to: [email protected]
March 2025
There has been a noticeable increase in the electronic lodgement of further Caveats on the same grounds without permission of the Court, resulting in requisitions and full withdrawals that are not being addressed in a timely manner.Certifiers should pay special attention to section 191(1)(j) and section 191(1)(k) of the Real Property Act 1886, below:191(1) Caveats(j) Caveator, except Registrar-General, liable to make compensationany caveator other than the Registrar-General who shall have lodged or refused or neglected to withdraw any caveat wrongfully and without reasonable cause, shall be liable to make compensation to any person who may have sustained damage thereby, and such compensation may be recovered by action: Provided that, if proceedings shall have been taken in the Court by the caveatee or other person interested, the amount of such compensation may be assessed by the Court acting in the same proceedings; or the Court may direct an action to be brought to ascertain and recover such amount;
(k) Not to lodge further caveat without permissionit shall not be lawful for any caveator other than the Registrar-General, or for anyone acting on behalf of such caveator, to lodge a further caveat relating to the same matter without the permission of the CourtPrior to lodging a Caveat, SAILIS searches should be conducted to ensure that a Caveat has not been lodged by the same Caveator, on the same grounds, as regards the same Certificate of Title. A further caveat relating to the same matter cannot be accepted without permission of the Court, irrespective of whether the prior Caveat is registered, or has been withdrawn or removed. When a subsequent Caveat by the same Caveator, on the same grounds is inadvertently lodged, the dealing will be requisitioned for a Court Order. If no Court Order can be produced, the Caveat should be fully withdrawn as soon as possible so as not to breach section 191(1)(j) of the Real Property Act 1886.
February 2025
Settlement? Lodging? Have you checked the title activity?
Relying on out-of-date searches and title activity checks may put you, and your business, at risk.
Checking the title activity through your ELNO workspace, or through a Check Search on SAILIS, is still a vital part of settlement.
Before lodging any new dealing, the Certifier should ensure that they are lodging on a clear title, that no Caveats, Liens, Court Orders, or any other dealings, or notices, that may impact the settlement or lodgement, have been entered.
Prior knowledge of any unexpected title activity will ensure that you make an informed decision when committing to, and proceeding with, lodgement.
December 2024
Following discussions between Land Services SA and PEXA, the format for PEXA exemption emails for dealings that cannot be lodged electronically, due to a technical issue, or defect, has been updated. Changes include the inclusion of the following:The affected Certificate of Title referenceA brief description of the technical issue, rather than just a defect codeThe prefix of the impacted dealingThe PEXA Workspace ID and PEXA Case ReferenceThe relevant parties’ detailsThis additional information aids Land Services SA in ensuring the correct exemption email is attached to the correct dealing upon lodgement.Please note that exemption emails issued by PEXA are valid for three months from the date of issue. If older than three months, Land Services SA may request a new exemption.The new format will be introduced by PEXA over the coming weeks. Any existing PEXA exemption emails will still be accepted if within the three-month timeframe.
November 2024
Where the same party is named in more than one dealing lodged in series, it is important that the address remains consistent for that party throughout all dealings.This includes where the same party is transacting in different capacities within the series, such as an Executor named in a Transmission Application and then being named as transferor and transferee in the subsequent Transfer.Addresses are used for notice and rating purposes, and only the most current and correct address should be recorded on the Certificate of Title.Where the address for the same party is inconsistent within the series, requisitions will be raised for the inconsistent dealings to ensure that the correct and current address is recorded.
October 2024
The use of quotation marks and other special characters in an electronic workspace can result in errors in the rendered form. The copying and pasting of these special characters, such as apostrophes and quotation marks, from another document, into an electronic workspace, can also result in errors in the rendered form.The only special characters required in an electronic workspace are those required for the correct name or postal address of an individual or company. When these characters are required for the correct description of a name or address, they should be entered directly into the workspace and not copied and pasted from another document.The above also applies to a portion of land lease description. The portion to be leased should be described as per the identifier in the lease plan. The inclusion of additional text or special characters, such as quotation marks, are not required and should not be copied and pasted from another document into an electronic workspace.
September 2024
When preparing for settlement of dealings with deceased estates as regards shares, and their subsequent transfer in series, it is important to check the Exemptions for Electronic Lodgements list available on our website: https://www.landservices.com.au/land-registration/electronic-conveyancing
You should be aware that there are circumstances where the series will not be electronically tradable, and paper lodgement will be required for all, or some, of the required dealings.
Early recognition of these restrictions will allow you to structure the lodgement of your dealings to enable a seamless and stress-free settlement for you and your customer.
August 2024
Caveat Land DescriptionWhen preparing a Caveat, it is essential that the land description be correct as regards the extent of the land that is being caveated, and that the land description in the dealing accurately reflects the land described in the agreement that is the basis of the claim.
For example, a lease agreement over portion of the land should not result in a caveat being prepared and lodged as regards the whole of the land. Where a caveat claim relates to portion of the land in a certificate of title, the relevant portion must be precisely identified in the land description.
Caveat Operative ClauseCareful consideration should be given to the type of claim, and the subsequent completion of the operative clause.
The operative clause indicates whether the Caveat is absolute, and therefore forbidding the registration of any instrument affecting the estate or interest of the Caveatee, or permissive, where any subsequent dealings will be subject to the Caveat, or subject to the Caveat, provided that the Caveator has given its written consent.
The implications and consequences of lodging an absolute caveat should be considered when completing the operative clause.
July 2024
Caveats and Removals of Caveats
There are currently fifteen standard Caveat claims mandated for electronic lodgement and from the 8th of April 2024, Removals of Caveats were also mandated for electronic lodgement.
In some circumstances, the mandatory electronic lodgement of Caveats, or Removals of Caveats, will not apply, and the dealing will be exempted from electronic lodgement, and paper lodgement will be required.
For current Exemptions for Electronic Lodgement, please refer to:
https://www.landservices.com.au/businesses-and-property-industry-professionals/registrar-general/electronic-conveyancing
Caveats and Removals of Caveats are generally examined immediately upon lodgement and therefore paper lodgements of this type MUST be in person at the Land Services SA counter at Level 9 101 Grenfell Street Adelaide SA 5000 (or by post for regional/interstate clients).
Under no circumstances should the above dealings be scanned for lodgement and placed in the Drop & Go Chute.
Please check your lodgement prior to scanning, and keep in mind that you are signing the lodgement cover sheet to certify that:
No Caveats, Removal of Caveats, Liens, Orders of Court, or Warrants of Sale are included with this dealing.
June 2024
Are you preparing an Encumbrance for an annuity or rent charge? Have you specified the times appointed for payment?The following detail should be included in the Encumbrance Operative Clause:
This will result in the operative clause rendering with the required information as per the example below:
THE ENCUMBRANCER ENCUMBERS THE ESTATE AND INTEREST IN THE LAND DESCRIBED FOR THE BENEFIT OF THE ENCUMBRANCEE WITH AN ANNUITY OR RENT CHARGE OF TEN CENTS ($0.10) IF DEMANDED TO BE PAID TO THE ENCUMBRANCEE ANNUALLY AT THE TIMES AND IN THE MANNER FOLLOWING COMMENCING ON 02 APRIL 2024 FOR A PERIOD OF 99 YEARS WHEN DEMANDED BY THE ENCUMBRANCEE, RENT CHARGE IS PAYABLE ON THE 30TH JUNE IN EACH AND EVERY YEAR OF THE TERM, SUCH PAYMENTS TO COMMENCE ON THE FIRST OF THOSE DATES NEXT OCCURING AFTER THE EXECUTION OF THE ENCUMBRANCE. If any of the above four points are absent from the operative clause, including the times appointed for the payment of the annuity, they MUST be included in the covenants.
May 2024
A Transfer by one or more joint tenants to themselves, with the intention of severing the joint tenancy, is described as a Unilateral Severance of Joint Tenancy. These Transfers will be accepted for registration, and the register will be updated to record the proprietors as tenants in common.
The main difference with the preparation of this Transfer, is that the Transferor(s) is also named as the Transferee(s).
The consideration panel should express the transferor’s intent to sever the joint tenancy and create a tenancy in common.
This dealing is electronically enabled and is a mandated electronic lodgement.
Reference to this dealing type can be found in the PEXA Help Centre under “Part Tenancy Transfer/SA - Scope Enquiries.”
April 2024
Additional Dealings will be mandated for electronic lodgement through an active Electronic Lodgement Network Operator (ELNO) from Monday 8 April 2024, after which, all in-scope electronic lodgements will be required to be lodged through an approved ELNO in South Australia. Some exemptions will apply where it is still necessary to lodge paper dealings, including transitionary exemptions for inflight transactions. Land Services SA (LSSA) will continue to update and maintain the exemptions list, which is accessible via its electronic conveyancing webpage. Transitionary exemptions for inflight transactions will only be considered where the dealing is dated prior to the mandate taking affect. Where deemed necessary, LSSA may refer the dealing for correction for further information to be provided by the lodging agent.
March 2024
LSSA has observed an increase in electronic lodgements where the dealing is exempt from electronic lodgement. This results in incorrect information in the electronic workspace as regards names and land descriptions and therefore, incorrect certification.Dealings that are picking up on unregistered division dealings, unregistered proprietorship dealings, or unregistered dealings issuing new Certificates of Title are not considered to be electronically tradable and are exempt from electronic lodgement. These dealings must be lodged in paper.The above applies to all categories of electronic lodgements, including mandated and residual dealings.The full list of exemptions, and constraints for individual dealings, can be located on Land Services SA website at: https://www.landservices.com.au/businesses-and-property-industry-professionals/registrar-general/electronic-conveyancingThe LSSA webpage includes a downloadable/printable version of the exemptions list for quick reference by industry professionals.
February 2024
When both joint tenants are deceased, and you are preparing an Application to Note Death by Survivor and Transmission Application by Personal Representatives to be lodged in series, it is important to ensure that the applicant panel for the Application to Note Death by Survivor is completed correctly.
Dealings are being lodged where the applicant panel incorrectly describes the second deceased joint tenant, rather than their Executors or Administrators. This results in incorrect certification and a requisition being raised.
Client Authorisation must have been signed prior to a person’s decease for them to be named as the applicant.
Where Client Authorisation has been signed for an Application to Note Death by Survivor by the Executors or Administrators of the deceased, the Executors of Administrators must be named as the applicants, and the applicant panel should be completed as follows:
AB OF (insert address) THE EXECUTOR (OR ADMINISTRATOR) OF (full name of the deceased joint tenant who died subsequent to the first deceased joint tenant) NOW DECEASED AND WHO AT THE DATE OF THEIR DECEASE WAS REGISTERED JOINTLY WITH (full name of the first deceased joint tenant as registered on the Certificate of Title.
December 2023
Have you checked your Transfer prior to certifying?
Land Services SA has seen an increase of Transfers being lodged and registered where the dealing does not reflect the intended outcome of the Certifier.
This is most commonly occurring when a Certifier’s intention is to transfer the whole of the land from the sole registered proprietor to themselves and another, as joint tenants.
Please note that if the estate and interest panel refers to a ½ share, the resulting outcome is that the current registered proprietor will retain ½ share, and the new incoming transferee and the current registered proprietor will hold the remaining ½ share as joint tenants.
It is the Certifier’s responsibility to ensure that the dealing has been drafted in accordance with their client’s instructions. Errors created by incorrect drafting of the dealing will result in the Certifier being responsible for correcting the error and any associated fees.
November 2023
The LSSA Registration Team continue to identify errors for electronically lodged Transmission Applications.The most common errors being:
This results in the rendered image of the Transmission Application being incorrect and may also impact correctness of the following Transfer if lodged in series. To further address these issues, Transmission Applications, and where applicable, Transfers in series, will be requisitioned for the above errors.
It is important to note that it is the responsibility of the Certifier, to ensure that all dealing details are correct prior to signing and certifying that they have “taken reasonable steps to ensure that the Registry Instrument or Document is correct and compliant with relevant legislation and any Prescribed Requirement.”
October 2023
There have been several occurrences recently where an Application to Note Change/Correction of Name (CN) has been lodged in series with a Mortgage (Justification for change of Mortgagor Name) (M:CN) for the same name change, for the same entity.
The same change/correction of name for the same party cannot be actioned twice as regards the same Certificate of Title, and two dealings for the same change cannot be accepted for registration.
If a CN and M:CN are lodged in series, for the same name change, for the same entity, both will be requisitioned.
For a change or correction of name for a re-finance, where the justification applies to all titles being secured by the Mortgage, lodge either:
or
September 2023
New lodgements on pick up of unregistered proprietorship dealings, unregistered division dealings, or unregistered dealings issuing new Certificates of Titles, are not electronically tradeable and are exempt from electronic lodgement.
All dealings lodged on pick up of the above categories of dealings will be accepted as paper lodgements.
The land description for dealings on pick up of unregistered division dealings must be current as at the date of the dealing, and if portion of the land, must refer to the Allotment, Plan type and Plan number.
August 2023
The use of an application to note the change or correction of a name is compulsory when a proprietor of the land, or subsidiary interest, is party to a dealing that does not dispose of their entire interest in the land.
Exceptions to this are:
For both Applications to Register Death by Survivor, and Removal of Caveats, any discrepancy between the correct name of the person making the Application, as confirmed by the Applicant’s Verification of Identity documents, and the register book, should be recited in the Applicant panel as:
“(New or correct name) of (insert address) registered as (former or incorrect name) as a consequence of (insert reason)”
Although the above applications are acceptable without the prior registration of an Application to Note Change/Correction of Name, no alteration will be made to the Applicant’s name on the Certificate of Title.
The Applicant’s name will only be updated when an Application to Note Change/Correction of Name is lodged.
July 2023
In ELNO workspaces the use of “Registered Conveyancer, or Solicitor, on behalf of an Applicant” should only be used in dealings where the Dealing Sub-Category in the Residual Dealing User Guide specifically indicates that this is an option, being:
ORDER OF COURT (PURSUANT TO SECTION 8 OF THE ENFORCEMENT OF JUDGMENTS ACT 1991)Applicant(s) is a Prescribed Person on behalf of the Judgment Creditor
DISCHARGE OF ORDER OF COURT (PURSUANT TO SECTION 8 OF THE ENFORCEMENT OF JUDGMENTS ACT 1991)
Applicant(s) is a Prescribed Person on behalf of the Judgment Creditor
WARRANT OF SALE
ENFORCEMENT WARRANT
CESSATION OF LIEN
Applicant(s) is Prescribed Person on behalf of the Registered Proprietor(s) of a title.
If you try to include “Registered Conveyancer, or Solicitor, on behalf of” in Applicant panels that do not allow for this option, the dealing will not lodge successfully.
There have also been lodgement cases where the incorrect Dealing Sub-Category has been selected, resulting in the lodgement of the wrong dealing, and subsequent requisition. If you are unsure of the dealing heading, please review the Dealing Sub-Categories in the Residual Dealing User Guide prior to making your dealing selection.
This will aid in ensuring the selection of the correct document type, and legislative references, for the dealing the Subscriber is intending on creating in the ELNO workspace.
Prior to lodgement, please view the image of the rendered form to check for accuracy of data entry and correctness of the dealing.
The Residual Dealing User Guide is located on the Electronic Conveyancing page on the LSSA website: https://www.landservices.com.au/__data/assets/pdf_file/0020/7058/Residual-Dealing-User-Guide-South-Australia-Release-4-v1.0.pdf
June 2023
When a full withdrawal is required for any dealing, the original bar-coded dealing that was delivered with the requisition slip, should be returned to this office.The correcting agent is to provide a letter requesting the dealing be Fully Withdrawn. This letter is to include the following information:The reason for the Full Withdrawal RequestDetails of who and how the EFT refund (if applicable) is to be paid to;Signed consent of all Certifier(s)Once we have received the original requisitioned dealing with the signed request attached, the full withdrawal process can be completed.Please note that a full list of instructions and required signatories is available on the website at:https://www.landservices.com.au/__data/assets/pdf_file/0022/2839/Withdrawal-of-a-Document-Guidance-Notes.pdf
To facilitate the registration process and ensure consistency in the register, this office will always use the following abbreviations for Australian registered Companies and Associations:
Proprietary __________________ PTY. Limited _____________________ LTD. Company ___________________ CO. Number ____________________ NO. And ________________________ & No Liability __________________ N.L.Australian Company Number ___ ACNIncorporated ________________ INC.
There have been several instances recently where a Certifier has been trying to change an Australian company name to override the standard company abbreviations described on the register and to have one or more of the above words described in full. The use of the above abbreviations is permissible under section 149 of the Corporations Act 2001 (Cth) and section 65 of the Associations Incorporation Act 1985 and no Applications to Note Change/Correction of Name should be lodged for any of the above abbreviations to appear in full.
To provide further clarity for industry, Land Services SA, in conjunction with the Office of the Registrar-General, has released an update to the Exemptions for Electronic Conveyancing. A printable version of the updated Exemption Guidelines has also been added.
When entering an entity, or individual name, in an electronic workspace, it is essential that the name is entered as per their Verification of Identity documents.
Certifiers should pay particular attention to how the Association is described in the Certificate of Incorporation, or for a Company, how they are described in the ASIC search. The name of the entity should be entered in the electronic workspace exactly as they are described in the searches.
For individuals, Certifiers should take care to ensure that name spelling is correct, and that their Given Name(s) and Family Name are entered into the correct field, as per their Verification of Identity documents.
If you notice an error in your dealing after lodgement, but prior to registration, the responsible Subscriber can email [email protected] with a request to have the document referred for correction so that you can amend the dealing.
Once the dealing is registered, an Application to Note Correction of Name would be required to be lodged to amend any error in the incoming party name.
If you are acting on behalf of yourself within a PEXA workspace, please ensure that you choose “I am the Transacting Party” in the Participants screen to ensure the correct certifications are presented upon signing.
Whenever a proprietor is divesting themselves entirely of the estate and interest being dealt with, an Application to Note Change/Correction of Name is not required. Reference to the change, alteration or correction of name must be recited in the Transferor panel and will render as:[New name] registered as [old name] as a consequence of [insert justification]
It is important to note that a transfer in which the registered proprietor transfers all their estate and interest in the land, but then, in the same transfer, acquires a fresh interest as transferee, is regarded as a total disposal of interest. If the transferor's name has changed or altered the above recital is still required.
Documentation supporting the change/correction of name should be retained in your evidence file.
Registration Officers will requisition for clarification if it appears that the transferor's name has changed and no tie up and justification has been included in the Transferor panel.
Further detail can be found via our Transfer/Transferor Guidance Note: https://www.landservices.com.au/__data/assets/pdf_file/0016/5164/T1-Guide-Version-3.pdf
Sections 32 & 49 of the Development Act 1993 have been repealed and replaced by Sections 101 & 131 respectively of the Planning, Development and Infrastructure Act 2016 (PDIA).
Lodging parties are reminded that development approval may in certain circumstances be required to lease portion of an allotment.
It is the responsibility of the certifying party to ensure that a lease or underlease does not contravene the relevant provisions of the PDIA.
Lease and Underlease Form Changes
A statement that the lease or underlease does not contravene the relevant section of the PDIA (formerly Development Act) is no longer required on the lease and underlease forms.
Instead, this is covered by the prescribed certification that the ‘Certifier has taken reasonable steps to ensure that the Registry Instrument or Document is correct and compliant with relevant legislation and any Prescribed Requirement.’
PEXA Lease and Underlease forms have now been updated to remove the relevant panel and mandatory electronic lodgement of Leases and Underleases will apply.
For a full list of mandatory electronic lodgements and exemptions, please refer to:
Did you know that the most common patent error in both Paper and Electronic Environments is in relation to a Transmission Application (TA)?
When preparing a Transmission Application by Personal Representatives (TA) it is important to check the grant of Probate to determine if leave has been reserved for the non-proving executor(s) to obtain Probate.
Where leave has been reserved, the capacity in the PEXA workspace should be entered as:
Executor Leave Reserved
By ensuring the correct selection you avoid requisition and delays in the registration of your dealing.
Do you want to know more about this? Please check out the LSSA Industry Education Hub
There is a recording of one of our webinars which will assist, make sure you pay extra attention to Slide 11.
LSSA Industry Education Series 1 Webinar 3: Electronic Lodgement Policies and Procedures – click here to view the recording
A training program has been introduced to assist practitioners to transition from paper to electronic lodgement. Details of this training and support can be found on in our Industry Education Hub.
Since the introduction of eConveyancing in South Australia in 2016, the Office of the Registrar-General has undertaken significant formal and informal stakeholder consultation about the future of eConveyancing. Particularly, in 2019, the Registrar-General consulted widely with industry, including through field visits, and concluded that majority support exists for mandating eConveyancing.
Feedback received prior to this initiative through formal consultation remains available for your information:
