Electronic Conveyancing

Electronic Conveyancing (eConveyancing) allows practitioners and financial institutions to lodge and settle conveyancing transactions in an electronic workspace provided by an Electronic Lodgment Network Operator (ELNO). A paper lodgement channel remains available for self-represented parties.

The electronic platform enables parties to:

  • upload transaction information, which the system then checks and verifies for completeness, accuracy, and compliance
  • prepare instruments and reports to register changes in property interests and ownership
  • settle financial transactions, including payment of duties, taxes, and disbursements
  • comply with the tax and duty requirements of revenue offices
  • lodge instruments with Land Services SA and receive confirmation of their lodgement and registration.

Electronic Lodgement Network Operators

There are two approved Electronic Lodgement Network Operators (ELNO) in South Australia:

  • Property Exchange Australia Pty Ltd (PEXA)

  • Sympli Pty Ltd (Sympli).

To find out more, including information on becoming a subscriber to lodge dealings electronically, visit www.pexa.com.au or www.sympli.com.au

Mandatory Electronic Lodgement of Documents

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

DM

Discharge of Mortgage

3 April 2017

M

Mortgage

12 February 2018

M

Mortgage (justification for change of mortgagor name)

3 August 2020

E

Encumbrance

3 August 2020

DE

Discharge of Encumbrance

3 August 2020

T

Transfer

3 August 2020

X

Caveat

3 August 2020

WX

Withdrawal of Caveat

3 August 2020

TA

Transmission Application

3 August 2020

AD

Application to Register Death by Survivor

3 August 2020

L

Lease

3 August 2020

UL

Underlease

3 August 2020

SL

Surrender of Lease

3 August 2020

SU

Surrender of Underlease

3 August 2020

TM

Transfer of Mortgage

3 August 2020

TE

Transfer of Encumbrance

3 August 2020

Exemptions for Electronic Lodgement

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.

Dealing is not Electronically Tradable

Dealings which fit one or more of the following circumstances are considered not electronically tradeable and are exempt from electronic lodgement:

  • Contains a condition other than the following:
    • The land is to have a building erected on it in accordance with plans and specifications which must be approved by the Minister for the Environment and Natural Resources before any such erection is commenced and shall not erect on the land any premises without the consent in writing of the said Minister
    • Except and reserved to the Crown the right to resume for road set forth in Land Grant
    • Subject to the reservations provisions and conditions still subsisting and capable of taking effect contained in Land Grant
  • Party on the Title has a capacity of Minor or Trustee (under the Trustee Act 1936)
  • Transaction over a Crown Lease, Crown Record, Moiety Title, Limited Title, Company Title, Life Estate, Remainder Title or Qualified Title
  • Dealings affecting more than 20 Certificates of Title which cannot be separated
  • The Electronic Lodgement Network (ELN) is not available and has not been available for one clear business day
  • Dealing is lodged in series with a non-mandated dealing
  • Transaction is cross jurisdictional and there is no ELNO available in another jurisdiction.

Constraints for Mortgage, Discharge of Mortgage and Transfer of Mortgage

The mandatory electronic lodgement of a MORTGAGE dealing will not apply when:

  • Mortgaging part of the land in a Certificate of Title (e.g. Allotment 5 in DP98765)
  • Mortgaging the interest of one (or more, but not all) of the Registered Proprietors (e.g. a tenant in common or a joint tenant)
  • Mortgaging a Subsidiary Interest (e.g. Mortgagee, Lessee etc.)
  • Mortgaging the interest of a Minor
  • It is a Mortgage (justification for change of mortgagor name) (M:CN) where justification(s) does not apply to all certificates of title being secured.

The mandatory electronic lodgement of a DISCHARGE OF MORTGAGE dealing will not apply when:

  • Releasing part of the land in a Certificate of Title (e.g. Allotment 5 in DP98765)
  • Releasing part of the money
  • Releasing less than all Mortgagees’ Interests
  • Releasing the undivided share and/or the personal liability of one of the Mortgagors
  • An execution is required by the Minister under Section 146 of the Real Property Act 1886
  • A Mortgagee is a deregistered company, and execution is required by ASIC.

The mandatory electronic lodgement of a TRANSFER OF MORTGAGE dealing will not apply when:

  • Transferring a mortgage over part of the land in a Certificate of Title (e.g. Allotment 5 in DP98765)
  • Transferring less than all Mortgagees Interests.

Constraints for Caveats and Withdrawal of Caveats

The mandatory electronic lodgement of a CAVEAT dealing will not apply when:

  • A plan identifying portion of land being caveated or attachment accompanies the caveat
  • Caveating part of the land in a Certificate of Title (e.g. Allotment 5 in DP98765)
  • Caveating a Subsidiary Interest (e.g. Mortgagee, Lessee etc)
  • The dealing involves multiple Caveators not represented by a single Subscriber
  • The claim is not available electronically.

The mandatory electronic lodgement of a WITHDRAWAL OF CAVEAT dealing will not apply when:

  • Releasing part of the land in a Certificate of Title (e.g. Allotment 5 in DP98765)
  • The dealing involves multiple Caveators not represented by a single Subscriber.

Constraints for Encumbrance, Discharge of Encumbrance and Transfer of Encumbrance

The mandatory electronic lodgement of an ENCUMBRANCE dealing will not apply when:

  • Encumbering part of the land in a Certificate of Title (e.g. Allotment 5 in DP98765)
  • The Encumbrancer has changed their name.

The mandatory electronic lodgement of a DISCHARGE OF ENCUMBRANCE dealing will not apply when:

  • Releasing part of the land in a Certificate of Title (e.g. Allotment 5 in DP98765)
  • An Encumbrancee is a Deregistered Company, and execution is required by ASIC.

The mandatory electronic lodgement of a TRANSFER OF ENCUMBRANCE dealing will not apply when:

  • Transferring an encumbrance over part of the land in a Certificate of Title (e.g. Allotment 5 in DP98765)
  • Transferring less than all Encumbrancees’ Interests.

Constraints for Transfers

The mandatory electronic lodgement of a TRANSFER dealing will not apply when:

  • Transferring part of the land in a Certificate of Title (e.g. Allotment 5 in DP98765)
  • It is a transfer that results in the issue of a new certificate of title
  • Creating a Life Estate and/or an Estate in Remainder
  • An attachment is required (e.g. Order of Court, Minister's Consent etc)
  • An execution is required by a person other than the Registered Proprietor (e.g. Court Officer for Family Disputes)
  • It is a transfer for the non-payment of rates and taxes
  • Dealing with shares where an Executor remains on the Title
  • There is multiple Stamping for Qualifying Land under the Section 14(2) of the Stamp Duties Act 1923
  • The transaction or chain of transactions involves transactions or obligations outside of the Register (e.g. includes a Water Licence).

Constraints for a Transmission Application

The mandatory electronic lodgement of a TRANSMISSION APPLICATION dealing will not apply when:

  • An Estate in Remainder is affected
  • Transmitting a Subsidiary Interest (e.g. Mortgagee, Lessee etc)
  • The Applicant is also the Registered Proprietor who holds the whole of an Estate or Interest in different capacities and it is intended to show the Registered Proprietor separately for each share held.

Constraints for Application to Register Death

The mandatory electronic lodgement of an APPLICATION TO REGISTER DEATH dealing will not apply when:

  • Registering the death of the proprietor of a Subsidiary Interest (e.g. Mortgagee, Lessee etc)
  • The Application to Register Death is preceded by any Proprietorship type dealing (including another Application to Register Death by Survivor).

Constraints for Lease, Underlease, Surrender of Lease, Surrender of Underlease and Transfer of Lease

The mandatory electronic lodgement of a LEASE dealing will not apply when:

  • There are multiple Lessees being represented by different Subscribers
  • Lessor has changed their name
  • It is a Lease by Mortgagee under Section 137 of the Real Property Act 1886.

The mandatory electronic lodgement of a UNDERLEASE dealing will not apply when:

  • Underlessor has changed their name.

The mandatory electronic lodgement of a SURRENDER OF LEASE dealing will not apply when:

  • It is a Surrender of Lease under Section 121 of the Real Property Act 1886.

The mandatory electronic lodgement of a SURRENDER OF UNDERLEASE dealing will not apply when:

  • It is a Surrender of Underlease under Section 121 of the Real Property Act 1886.

Transition Requirements

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.

Industry Training

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.

Consultation on eConveyancing in South Australia

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:

Description Date
Future of eConveyancing Stakeholder Consultation Report31 July 2018
Public Forum on the “Future of eConveyancing”22 August 2018
Publication of industry Survey Results8 October 2018
Creation of Land Titling Advisory Group13 December 2018
Publication regarding further mandating of eConveyancing15 January 2019
Publication regarding an industry survey on the topic of eConveyancing2 August 2019
Mandating of eConveyancing3 August 2020

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