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:

  • 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.

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.

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

AD

Application to Register Death by Survivor

3 August 2020

AD2

Application to Register Death (Subsidiary Interest)

8 April 2024

ADD

Death of Lessee Determining Lease

8 April 2024

AG

Agreement

8 April 2024

AH

Heritage Agreement

8 April 2024

AR

Retirement Village8 April 2024
BABankruptcy8 April 2024

C

Covenant

8 April 2024

CN

Change of Name

8 April 2024

CN2

Change of Name (Subsidiary Interest)

8 April 2024

CO2

Order of Court

*(Mandate only applies to CO2’s lodged in relation to section 8 of the Enforcement of Judgments Act 1991)

8 April 2024

CR

Cancellation of Retirement Village

8 April 2024

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)

8 April 2024

DC

Discharge of Covenant

8 April 2024

DE

Discharge of Encumbrance

3 August 2020

DE

Discharge of Encumbrance

*(Existing mandate extended to include “by virtue of death of annuitant’)

8 April 2024

DM

Discharge of Mortgage

3 April 2017

E

Encumbrance3 August 2020

EL

Extension of Lease8 April 2024
EMExtension of Mortgage8 April 2024
EUExtension of Underlease8 April 2024
EXEMemorandum of Extension of Encumbrance8 April 2024
L

Lease

3 August 2020

LNLien8 April 2024
LN2Lien (Subsidiary Interest)8 April 2024

M

Mortgage

12 February 2018

M:CN

Mortgage (justification for change of mortgagor name)

3 August 2020

MC

Notice of Charge

8 April 2024

MC2

Notice of Charge (Subsidiary Interest)

8 April 2024

OAGeneral Application8 April 2024

PE

Partial Discharge of Encumbrance

8 April 2024

PLN

Partial Withdrawal of Lien

8 April 2024

PM

Partial Discharge of Mortgage

8 April 2024

PSPower of Sale8 April 2024

PW

Partial Withdrawal of Warrant

8 April 2024

PXPartial Withdrawal of Caveat8 April 2024

RA

Rescind an Agreement

8 April 2024

RL

Re-Entry of Lease

8 April 2024

RU

Re-Entry of Underlease

8 April 2024

RX

Removal of Caveat

8 April 2024

SL

Surrender of Lease

3 August 2020

SUSurrender of Underlease3 August 2020

T

Transfer

3 August 2020

TA

Transmission Application

3 August 2020

TE

Transfer of Encumbrance

8 April 2024

TA2

Transmission Application (Subsidiary Interest)

8 April 2024

TM

Transfer of Mortgage

3 August 2020

TH

Termination of Heritage/Access Agreement

8 April 2024

TL

Transfer of Lease

8 April 2024

TU

Transfer of Underlease

8 April 2024

UL

Underlease

3 August 2020

WL

Withdrawal of Lien

8 April 2024

WS

Warrant of Sale

8 April 2024

WS2

Warrant of Sale (Subsidiary Interest)

8 April 2024

WW

Withdrawal/Satisfaction of Warrant

8 April 2024

WX

Withdrawal of Caveat3 August 2020

X

Caveat

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.

Download printable version here

Dealing is not Electronically Tradable

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

  • Certificate of Title 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, Share 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.
  • Dealing picking up on unregistered division dealing, unregistered proprietorship dealing, or unregistered dealing issuing new Certificates of Title
  • Series creating and then dealing with the same instrument, e.g. Mortgage and Transfer of same Mortgage, Lease and Underlease of same Lease
  • The above applies to all categories of electronic lodgements, including mandated and residual dealings.

Constraints for Mortgage, Discharge of Mortgage (including Partial Discharge of Mortgage), Transfer of Mortgage and Extension 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
  • 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
  • Mortgage being transferred is unregistered and is intended to be lodged in series

The mandatory electronic lodgement of an EXTENSION OF MORTGAGE dealing will not apply when:

  • Mortgage being extended is unregistered and is to be lodged in series

Constraints for Caveats, Withdrawal of Caveats (including Partial Withdrawal of Caveats) and Removal 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)
  • Partial withdrawal over part of the land in a Certificate of Title (e.g. rights and liberties)
  • The dealing involves multiple Caveators not represented by a single Subscriber
  • The mandatory electronic lodgement of a REMOVAL OF CAVEAT dealing will not apply when:
  • Removal over part of the land in a Certificate of Title (e.g. Allotment 5 in DP98765)
  • Executor or Administrator applying on behalf of a deceased caveatee

Constraints for Encumbrance, Discharge of Encumbrance (including Partial Discharge of Encumbrance), Transfer of Encumbrance and Extension 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)
  • Multiple Encumbrancees represented by separate subscribers

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

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

  • Encumbrance being extended is unregistered and is intended to be lodged in series

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)
  • Transfer of land to a registered mortgagee or lessee to effect merger
  • Multiple Transfers of the same part tenancy (share), in the same CT, in series
  • Multiple Transfers of different part tenancies (shares), in the same CT, in series
  • Transfer to a protected person under Aged & Infirm Persons’ Property Act 1940
  • Transfer to a protected person under Guardianship & Administration Act 1993

Constraints for a Transmission Application

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

  • An Estate in Remainder is affected
  • The Applicant is also the Registered Proprietor who holds the whole of an Estate or Interest in different capacities as regards the same Certificate of Title, and it is intended to show the Registered Proprietor separately for each share held
  • The Transmission Application of a share is in series with another Transmission Application of a share over the same Certificate of Title

Constraints for Application to Register Death

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

  • The Application to Register Death is preceded by any Proprietorship type dealing (including another Application to Register Death by Survivor)
  • The deceased proprietor is registered as regards a part tenancy (share)
  • The deceased proprietor holds WITH NO SURVIVORSHIP

Constraints for Lease, Underlease, Surrender of Lease, Surrender of Underlease,(including Partial Surrenders of Lease and Underlease), Transfer of Lease, Transfer of Underlease, Extension of Lease and Extension of Underlease

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

  • There are multiple Lessees being represented by different Subscribers
  • 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:

  • Lease being under leased is unregistered and is intended to be lodged in series

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

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

  • Transferring less than all of the Lessees interests
  • Lease being transferred is unregistered and is intended to be lodged in series

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

  • Transferring less than all of the Underlessees interests
  • Underlease being transferred is unregistered and is intended to be lodged in series

The mandatory electronic lodgement of an EXTENSION OF LEASE dealing will not apply when:

  • Lease being extended has one day until expiration
  • Lease being extended about to expire and expiry date falls on weekend or public holiday.
  • Lease being extended is unregistered and is intended to be lodged in series


The mandatory electronic lodgement of an EXTENSION OF UNDERLEASE dealing will not apply when:

  • Underlease being extended has one day until expiration
  • Underlease being extended about to expire, and expiry date falls on weekend or public holiday
  • Underlease is unregistered and is intended to be lodged in series.

Constraints for Change of Name

The mandatory electronic lodgement of a CHANGE OF NAME dealing will not apply when:

  • Correcting given name/surname split or order
  • Company changing, correcting, or updating the ACN

Constraints for Land Management Agreements, Heritage Agreements, Rescission of Agreements and Termination of Agreements

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

  • Agreement is over part of the land in a Certificate of Title (e.g. Allotment 5 in DP98765)
  • Agreement is under the Forest Property Act 2000

The mandatory electronic lodgement of a RESCISSION OR TERMINATION OF AN AGREEMENT dealing will not apply when:

  • The Rescission or Termination is over part of the land in a Certificate of Title (e.g. Allotment 5 in DP98765)

Constraints for Bankruptcy

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

  • The Application is pursuant to Deed of Assignment executed under the Bankruptcy Act 1966
  • The Application is pursuant to Section 91 of the Bankruptcy Act 1966

Constraints for Order of Court, Notice of Charge and Discharges of Miscellaneous Advance/Charge/Order of Court

Constraints for Order of Court, Notice of Charge and Discharges of Miscellaneous Advance/Charge/Order of CourtThe mandatory electronic lodgement of an Order of Court dealing will not apply when:

  • The Court Order is for any purpose other than pursuant to section 8 of the Enforcement of Judgments Act 1991
  • The mandatory electronic lodgement of a Discharge of Advance/Charge/Order of Court dealing will not apply when:
  • The Discharge is for any purpose other than discharging an Order of Court pursuant to section 8 of the Enforcement of Judgments Act 1991

Constraints for Liens and Withdrawal of Liens (including Partial Withdrawal of Liens)

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

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

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

  • Withdrawal over part of the land in a Certificate of Title (e.g. Allotment 5 in DP98765)
  • Partial Withdrawal over part of the land in a Certificate of Title (e.g. rights and liberties)
  • The dealing involves multiple Lienors represented by separate subscribers.

Constraints for Retirement Village and Cancellation of Retirement Village

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

  • The dealing is over part of the land in a Certificate of Title (e.g. Allotment 5 in DP98765)

The mandatory electronic lodgement of a CANCELLATION OF RETIREMENT VILLAGE dealing will not apply when:

  • The dealing is over part of the land in a Certificate of Title (e.g. Allotment 5 in DP98765)
  • The Cancellation of Retirement Village is regards portion of the land in a Certificate of Title

Constraints for Notice of Charge

The mandatory electronic lodgement of a NOTICE OF CHARGE dealing will not apply when:

  • The dealing is over part of the land in a Certificate of Title (e.g. Allotment 5 in DP98765)
  • Charge under s139ZN and 139ZR of Bankruptcy Act 1966

Constraints for Warrants of Sale and Withdrawal of Warrants (including Partial Withdrawal of Warrants)

The mandatory electronic lodgement of a WARRANT OF SALE dealing will not apply when:

  • The dealing is over part of the land in a Certificate of Title (e.g. Allotment 5 in DP98765)

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

  • The dealing is over part of the land in a Certificate of Title (e.g. Allotment 5 in DP98765)
  • Partial Withdrawal over part of the land in a Certificate of Title (e.g. rights and liberties)

Constraints for Covenant and Discharge of Covenant

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

  • The dealing is over part of the land in a Certificate of Title (e.g. Allotment 5 in DP98765)

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

  • The dealing is over part of the land in a Certificate of Title (e.g. Allotment 5 in DP98765)

Constraints for General Application

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

  • The dealing is over part of the land in a Certificate of Title (e.g. Allotment 5 in DP98765)
  • The dealing is for the Cancellation of Retirement Village over portion of land in a Certificate of Title

Constraints for Power of Sale

The mandatory electronic lodgement of a POWER OF SALE dealing will not apply when:

  • The dealing is over part of the land in a Certificate of Title (e.g. Allotment 5 in DP98765)

Constraints for Re-Entry of Lease and Re-Entry of Underlease

The mandatory electronic lodgement of a RE-ENTRY dealing will not apply when:

  • The dealing is over part of the land in a Certificate of Title (e.g. Allotment 5 in DP98765)

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.

Residual Dealings

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.

Regulated Certification Exemption Changes

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.

FAQs

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

E-Conveyancing Tip of the Month

New E-Conveyancing Tip of the Month                    

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:

  • the amount of the annuity or rent charge.
  • the commencement date.
  • the term of the Encumbrance.
  • the times appointed for payment of the annuity or rent charge.

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.

Previous E-Conveyancing Tip of the Month

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-conveyancing

The 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:

  • Death dates not matching the death date described on the Probate.
  • Probate date not matching the date described on the Probate.
  • Death dates being entered incorrectly into the workspace when described in the Probate as “died on or about” and “died between.”  Where Probate states, “last seen alive and whose dead body was found,” the selection should be “died between” and the two dates should be data entered as per the Probate.
  • “Leave reserved” not being referenced in the dealing when being described in the Probate.
  • Incorrect selection of Administrator/Executor capacities, and Letters of Administration/Probate not being described as per the evidence.

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:

  • a Mortgage (Justification for change of Mortgagor Name) (M:CN)

or

  • an Application to Note Change/Correction of Name (CN) and a Mortgage (M) in series.

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:

  • an application to register the death of a deceased joint tenant (AD)
  • an application for the removal of a caveat (RX)

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

Applicant(s) is a Prescribed Person on behalf of the Judgment Creditor

ENFORCEMENT WARRANT

Applicant(s) is a Prescribed Person on behalf of the Judgment Creditor

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 Request
Details 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

May 2023

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 ___ ACN
Incorporated ________________ 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.

April 2023

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.

March 2023

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.

February 2023

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.

December 2022The mandatory electronic lodgement of Discharges of Mortgages commenced on 3 April 2017. This mandating included the Discharges of Mortgages of Leases. Exemptions for paper lodgement of Discharge of Mortgages only apply to the scenarios outlined on our website and when lodged in series with non-mandated dealings.

Discharges of Mortgages of Leases dated after the date of mandating will be requistioned for full withdrawal if they do not meet an exemption category.
November 2022When preparing a dealing for lodgement, such as an Encumbrance, Lease or Mortgage that has an attachment type of covenants, or terms and conditions, only the applicable pages are to be included in the attachment to be uploaded. Panel form pages, including the backing sheet and certification page, should not be included as part of the attachment.

Registration Officers review all covenants and terms and conditions attached prior to registration and a requisition will be raised if the uploaded attachment contains any panel form pages not required for the dealing.
October 2022It is important that your electronic workspace is checked for accurate data entry prior to committing to lodgement. A review of the rendered form is recommended so that any errors can be corrected prior to lodging.

If an error is discovered after lodgement, but before registration has occurred, the certifier for the benefitting party can submit a written request to have the dealing referred for correction.

Once an electronic dealing has been registered, any error in the dealing is the responsibility of the Certifier and cannot be corrected by Land Services SA. The Certifier responsible for the error will have to prepare, lodge, and pay the appropriate registration fee, for any dealings required to correct the register.
September 2022When creating a PEXA workspace for an individual with only Given Name(s), or only Surname(s), the name(s) must be entered into the mandatory field in PEXA.

No additional dots, dashes, or other special characters should be added to either field. A requisition may be raised to confirm the individual's legal name if any additional dots, dashes, or other special characters, have been included in the workspace.
August 2022

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

July 2022Land Services SA issue Requisition Notices to the address attached to your ELNO Subscriber Code, using the associated phone number to contact you if needed.

If you contact details or address have recently changes, it is essential that you update the details attached to your ELNO Subscriber Code to ensure the correct and timely delivery of Requisition Notices.

Please contact your Electronic Lodgement Network Operator if you require assistance in making changes to your electronic Subscriber contact or address details.

Agent code details for paper lodgement can only be updated through Land Services SA, please email details of required updates to: [email protected]
June 2022

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:

https://www.landservices.com.au/businesses-and-property-industry-professionals/registrar-general/electronic-conveyancing

May  2022

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

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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