Please note: any capitalised term has the meaning given to it in the Recorder’s Directions, the Tasmanian Participation Rules, the Tasmanian Operating Requirements, or the Electronic Conveyancing National Law (ECNL) as applicable.
Requirements for Consent
Version 3 of the Recorder’s Directions (effective 1 September 2026) introduces the requirement for Consent to be obtained from a Consenting Party (each mortgagee or encumbrancee with a registered estate or interest in land) who is not a party to the Conveyancing Transaction in relation to that land, for specified Registry Instruments and other Documents including final plans to be lodged with the Land Titles Office to give effect to that Conveyancing Transaction. Registry Instruments or other Documents that require Consent are specified below in the section 'Registry Instruments or other Documents requiring Consent'.
Version 7.A of the Tasmanian Participation Rules introduces the requirement for Consent for the lodgment for registration with the Recorder of Titles of those Registry Instrument(s) or other Document(s) effecting an electronic Conveyancing Transaction. The terms Consent and Consenting Party have the meaning given in the Directions and all the provisions and requirements of the Directions with respect to Consent apply.
The requirement for Consent addresses any potential risk that a Consenting Party is unaware of a Conveyancing Transaction to which they are not a party.
Application of Consent
Consent is required from a Consenting Party with a registered estate or interest in land, who is not a party to the Conveyancing Transaction.
Consent
Consent means a duly completed and signed consent form as approved and published by the Registrar from time to time and required to be lodged pursuant to the Directions. The Consent can be accessed through the Tasmanian Online Land Dealings (TOLD) System.
The Consenting Party, in it's Capacity (generally as mortgagee or encumbrancee) consents to the registration on the Folio(s) of the Register of the Registry Instruments to be lodged by the Lodging Party.
The Consent does not replace other consents that may be required by legislation.
Consenting Party
A Consenting Party is generally a mortgagee or encumbrancee with a registered estate or interest in land, who is not a party to the Conveyancing Transaction.
A Consenting Party is required to be represented by a Subscriber acting as a Representative for, and in connection with, the preparation and lodgement of a Consent (unless the Consenting Party is a Self-represented Consenting Party and is also a Subscriber).
Obtaining Consent
Each Party to the Conveyancing Transaction must be represented by a Subscriber acting as a Representative (unless the Party is a Self-represented party and is also a Subscriber).
If Consent is required to accompany a Registry Instrument or other Document, the consent must be obtained from a Consenting Party using the Consent.
A Consent is to be obtained to accompany a lodgement.
Signing and Certifications - Consent
Certifications are given upon the signing of the Consent.
The Consent can be signed any time before or on the day of lodgment as it is consenting to the registration of the specified Registry Instruments or other Documents.
A Consent must be signed on behalf of a Subscriber by:
(a) an Australian Legal Practitioner who is a principal, Officer, employee, agent or contractor of the Subscriber, and is authorised by, such Subscriber to sign such Consent on behalf of such Subscriber; or
(b) a Licensed Conveyancer who is a principal, Officer, employee, agent or contractor of the Subscriber, and is authorised by, such Subscriber to sign such Consent on behalf of such Subscriber; or
(c) a principal, Officer or employee, agent or contractor of the Subscriber or an attorney of the Subscriber duly appointed pursuant to the Powers of Attorney Act 2000 (Tas) as amended from time to time and is authorised by such Subscriber to sign such Consent on behalf of such Subscriber and the attorney declares in the attestation clause of any such Consent that such attorney has not received notice of revocation of the power contained in the relevant power of attorney; or
(d) any Person required by statute to sign such Consent; or
(e) an Officer or employee of the Crown with the appropriate authority to sign such Consent.
The list of signatories above (which includes all of those prescribed in the definition of Signer) is a broader class of signatories than who are to sign Registry Instruments or other Documents and is contained in clause 14 of the Recorder’s Directions Version 3.
As a Registry Instrument or other Document pursuant to the Recorder's Directions, the Consent must be wet-signed.
Lodging Consent
The Consent (or a copy of the Consent) must accompany the Registry Instruments or other Documents when lodged. Each Subscriber (Representative or Self-representative) for a Consenting Party providing Consent must also provide Contact Details to the Person who is to lodge the Registry Instrument or other Document with the Land Registry.
A Consent (or a copy of the Consent) will be of no effect if lodged prior to lodgment of the relevant Registry Instruments or other Documents.
For paper-based conveyancing:
Either:
For electronic conveyancing:
Registry Instruments or other Documents requiring Consent
Specific consent will be required pursuant to clause 14.1 of the Directions issued by the Recorder of Titles
Note: this does not change any requirements between the parties, such as legislative consents required
T
| Land Titles Act 1980
| 58
| Transfer
|
TI
| Land Titles Act 1980
| 58
| Transfer of Encumbrance
|
TPS
| Land Titles Act 1980
| 58
| Transfer under Power of Sale
|
TM
| Land Titles Act 1980
| 58
| Transfer of Mortgage
|
TL
| Land Titles Act 1980
| 58
| Transfer of Lease
|
T
| Land Titles Act 1980
| 58 / 105
| Transfer of Easement
|
L
| Land Titles Act 1980
| 58 / 105
| Lease
|
SL
| Land Titles Act 1980
| 64
| Surrender of Lease
|
EXL
| Land Titles Act 1980
| 65
| Extension of Lease
|
LTO Form
| Act name/s
| Act Reference/s
| Registry Instrument or other Document
|
E
| Land Titles Act 1980
| 70
| Encumbrance
|
NMF
| Land Titles Act 1980
| 72
| Mortgage
|
VPM
| Land Titles Act 1980
| 76
| Variation of Priority of Mortgage
|
VM
| Land Titles Act 1980
| 88
| Variation of Mortgage
|
DE
| Land Titles Act 1980
| 89 | Discharge of Encumbrance
|
DM
| Land Titles Act 1980
| 89
| Discharge of Mortgage
|
PD1
| Land Titles Act 1980
| 89 | Partial Discharge of Mortgage (money)
|
PD2
| Land Titles Act 1980
| 89
| Partial Discharge of Mortgage (personal responsibility)
|
PDM
| Land Titles Act 1980
| 89
| Partial Discharge of Mortgage (land)
|
LTO Form
| Act name/s
| Act Reference/s
| Registry Instrument or other Document
|
S98
| Land Titles Act 1980
| 98
| Application Devisee under Will
|
S99
| Land Titles Act 1980
| 99
| Application by Personal Representative/s to be registered proprietor/s
|
RPM
| Land Titles Act 1980
| 99 and 100
| Application to be Registered Proprietor of Mortgage, Encumbrance or Lease
|
RPD
| Land Titles Act 1980
| 100
| Application on Determination or Defeasance
|
RPS1
| Land Titles Act 1980
| 100
| Application by Survivorship
|
COV2
| Land Titles Act 1980
| 102
| Instrument Creating Restrictive Covenants
|
EXC
| Land Titles Act 1980
| 103
| Application to Expunge Restrictive Covenants
|
DRC
| Land Titles Act 1980
| 104
| Discharge of Restrictive Covenant
|
PP
| Land Titles Act 1980
| 107 | Profit a Prendre
|
LTO Form
| Act name/s
| Act Reference/s
| Registry Instrument or other Document
|
XNI
| Land Titles Act 1980
| 108
| Instrument Creating Forestry Right
|
FRR
| Land Titles Act 1980
| 108
| Instrument Releasing Forestry Right
|
RPP3
| Land Titles Act 1980
| 108 | Release of Easement or Profit a Prendre
|
EXE
| Land Titles Act 1980
| 109 | Expungement of Easement or Profit a Prendre
|
ORE
| Land Titles Act 1980
| 110
| Consent to Order as to Easements
|
CRH
| Land Titles Act 1980
| 112 | Consent to Recording of a Highway
|
REC
| Land Titles Act 1980
| 142
| Application for Rectification of Boundaries
|
RFP
| Land Titles Act 1980
| 160A
| Request For Final Plan To Be Made Effective
|
XI4
| Land Titles Act 1980
| Various | Miscellaneous (Indexed)
|
XNI1
| Local Government (Building and Miscellaneous Provisions) Act 1993
| 110
| Adhesion Order
|
TA
| Administration and Probate Act 1935
| 36
| Transfer by Assent
|
CIG
| Conveyancing and Law of Property
Act 1884 / Land Titles Act 1980
| 90AB / 102
| Instrument Creating Restrictive Covenants in Gross
|
RVA
| Retirement Villages Act 2004
| 38
| Application Retirement Village - Retirement Villages Act 2004
|
STR1
| Strata Titles Act 1998
|
| Strata plan
|
1 For the avoidance of doubt, are subject to the Directions only in respect of Consent (if any)
2 LTA: Instrument Creating Restrictive Covenants (COV) – Servient
3 LTA: Release of Easement or Profit a Prendre (RPP) – Dominant
4 LTA: Miscellaneous (Indexed) – Transmission on Bankruptcy
FAQs
The following FAQs do not constitute legal advice, nor does it replace prudent conveyancing practice. Nothing written below overrides the Recorder’s Directions, Participation Rules, any other relevant legislation, or Prescribed Requirements.
What is consent?
The Consenting Party, in its Capacity (as mortgagee or encumbrancee) consents to the registration on the Folio(s) of the Register of the Registry Instruments to be lodged by the Lodging Party.
A Consenting Party (generally a mortgagee or encumbrancee with a registered estate or interest in land) by definition is not a party to the Conveyancing Transaction.
Why is consent required?
Providing consent ensures that a Consenting Party who is not a party to a Conveyancing Transaction, is made aware of a transaction that may affect their registered estates or interests in land.
This provides the Consenting Party with some protection of their registered estates or interests in land as they are required to consent to the Conveyancing Transaction.
A Consenting Party will provide consent through the Consent form which must be duly completed and signed on behalf of the Consenting Party.
Who is a Consenting Party?
A Consenting Party is generally a mortgagee or encumbrancee with a registered estate or interest in land which is the subject of the Conveyancing Transaction.
A Consenting Party by definition is not a party to the Conveyancing Transaction.
Who provides consent?
A Consenting Party will provide consent. The consent is evidenced by having the Consent form properly completed and signed according to the Directions. A Consenting Party (generally a mortgagee or encumbrancee with a registered estate or interest in land) by definition is not a party to the Conveyancing Transaction.
A Consenting Party is required to be represented by a Subscriber acting as a Representative for, and in connection with, the preparation and lodgement of a Consent (unless the Consenting Party is a Self-represented Consenting Party and is also a Subscriber).
How is consent provided?
The consent must be obtained from a Consenting Party using the Consent (form).
Consent means a duly completed and signed consent form as approved and published by the Registrar from time to time and required to be lodged pursuant to the Directions. The Consent can be accessed through the Tasmanian Online Land Dealings (TOLD) System.
Who can sign a Consent?
A Consent must be signed on behalf of a Subscriber by:
(a) an Australian Legal Practitioner who is a principal, Officer, employee, agent or contractor of the Subscriber, and is authorised by, such Subscriber to sign such Consent on behalf of such Subscriber; or
(b) a Licensed Conveyancer who is a principal, Officer, employee, agent or contractor of the Subscriber, and is authorised by, such Subscriber to sign such Consent on behalf of such Subscriber; or
(c) a principal, Officer or employee, agent or contractor of the Subscriber or an attorney of the Subscriber duly appointed pursuant to the Powers of Attorney Act 2000 (Tas) as amended from time to time and is authorised by such Subscriber to sign such Consent on behalf of such Subscriber and the attorney declares in the attestation clause of any such Consent that such attorney has not received notice of revocation of the power contained in the relevant power of attorney; or
(d) any Person required by statute to sign such Consent; or
(e) an Officer or employee of the Crown with the appropriate authority to sign such Consent.
The list of signatories above (which includes all of those prescribed in the definition of Signer) is a broader class of signatories than who are to sign Registry Instruments or other Documents and is contained in clause 14 of the Recorder’s Directions Version 3.
As a Registry Instrument or other Document pursuant to the Recorder's Directions, the Consent must be wet-signed.
Does the Consent have to be wet-signed?
As a Registry Instrument or other Document pursuant to the Recorder's Directions, the Consent must be wet-signed.
If lodging a copy of the Consent with the relevant Registry Instruments or other Documents, the Certification given on the Consent requires that the original signed Consent is retained for not less than 7 years from lodgement.
Where is the Consent (form)?
The Consent (form) can be accessed through the Tasmanian Online Land Dealings (TOLD) System.
Do Contact Details need to be provided with a Consent?
Each Subscriber representing a Consenting Party providing Consent must provide Contact Details to the Person who is to lodge the Registry Instrument or other Document with the Land Registry.
Is there a fee for a Consent?
No. There is no prescribed fee to lodge a Consent. A Consent must accompany the relevant Registry Instrument or other Document, which may have an associated fee.
Fee information is available on the Land Titles Office Fees webpage.
What if a Consenting Party will not grant Consent?
If a Consenting Party refuses to Consent to a conveyancing transaction any Registry Instrument(s) or Other Document(s) effecting a conveyancing transaction cannot be registered.
The refusal to Consent is a civil matter and does not involve the Recorder of Titles. The grounds for not providing Consent have no relevancy for the Recorder of Titles.