For information about roles in conveyancing transactions in Tasmania, including the roles that private individuals may act in, read the Roles in Conveyancing Transactions webpage.
Except in specific circumstances, individuals will be required to be represented by a conveyancing professional – a legal practitioner or licensed conveyancer. Individuals may however lodge any of the Registry Instruments and other Documents listed in this section, as an Unrepresented party – an individual who is not represented by a conveyancing professional.
The benefits of being represented by a conveyancing professional include:
- Professionals have
specialised knowledge to identify and address potential issues that may arise during the conveyancing process
- Professionals can help
manage your risk by ensuring that all necessary legal checks and balances are in place and can advise you on any potential risks and how to mitigate them.
Finding a Conveyancing Professional
What will my Representative require from me?
Your Representative will require you to attend an in-person meeting with them or their agent, to bring documents to that meeting which allow you to be identified and may conduct enquiries to confirm that you are entitled to be a party to a particular conveyancing transaction.
Your Representative will tell you what documents they require.
The types of documents you may be required to provide may include the following:
- Driver's licence
- Certificate of title
- Contract for sale of land
- Rates notice
- Bank statement.
Unrepresented party lodgment
Unrepresented parties may prepare and lodge with the Land Titles Office, specific single-party Registry Instruments and other Documents.
As an Unrepresented party, you must comply with all relevant requirements, including:
Land Titles Act 1980
Land Titles Regulations 2022
- Any other relevant or applicable legislative and regulatory requirements
Should you have any concerns about meeting these requirements and/or the requirements themselves, contact a conveyancing professional, a legal practitioner or licensed conveyancer.
Registry Instruments able to be lodged by Unrepresented parties
When the Recorder's Directions take effect, Unrepresented parties may lodge the following Registry Instruments and other Documents:
- Caveat Forbidding Registration of Dealing with Estate or Interest
- Priority Notice
- Notice of Withdrawal of Priority Notice
- Application to be Registered Proprietor by Survivorship (RPS).
Form guides are available to assist in preparing Registry Instruments and other Documents.
The Land Titles Office provides a range of educational materials, fact sheets and guidance notes, but cannot provide legal assistance or advice to any party, including Unrepresented parties. Please consider contacting a conveyancing professional – legal practitioner or licensed conveyancer.
Frequently Asked Questions
Why should I engage a Representative to prepare and lodge with the Land Titles Office?
In order to minimise the risk of fraudulent or improper land Registry Instruments and other Documents, you are required to be represented by a conveyancing professional for most Registry Instruments and other Documents. The involvement of conveyancing professionals with specialised knowledge ensures that complex, multi-party land Registry Instruments and other Documents are undertaken appropriately and in compliance with all relevant requirements.
My bank has given me a completed Discharge of Mortgage form, am I able to lodge this with the Land Titles Office?
Yes, Unrepresented parties may lodge with the Land Titles Office, a Discharge of Mortgage provided that it has been prepared by the bank as mortgagee, and provided that the bank as mortgagee is a Subscriber.