Changing the Name on a Land Title

Questions about changing the name on a title come in many forms, and the answer differs entirely depending on the reason. Changing a name because of a sale is not the same thing as changing it because the owner has died.

The route by reason

• Sale. An ordinary transfer via a sale and purchase agreement, transfer stamp duty, and registration.
• Love and affection transfer. Between close family members. There are stamp duty considerations of their own that have to be checked.
• Estate distribution. The owner has died. This has to go through a small estate, letters of administration, or probate first.
• Correcting an error. A misspelt name or incorrect identity particulars. This is a correction application, not a transfer.
• Adding or removing a co-owner. It is still a transfer dealing and carries stamp duty implications.

The basic stages

• Official title search to confirm the current position
• Check for restrictions in interest and whether consent is required
• Prepare the transfer instrument and supporting documents
• Adjudication and stamping
• Registration at the land office
• Confirmation search after registration

What blocks a name change

• An undischarged charge
• A caveat still registered
• A restriction in interest requiring State Authority consent
• A lost original title
• The registered proprietor has died and the estate is unresolved
• Outstanding quit rent or assessment

The costs involved

Cost depends on the route that applies. For a transfer on sale, the scale below applies.

Why the search comes first

Nearly every problem in the list above is detectable through one official title search before any document is signed or money is paid. It is the cheapest step and the one most often skipped.

Frequently asked questions