The Land Titles Office has two parallel processes:
- electronic conveyancing, and
- paper-based conveyancing.
Where possible, these processes will have the same requirements to ensure the security of the Register of land (the Register) maintained by the Recorder pursuant to section 33 of the Land Titles Act 1980 is preserved regardless of the process used.
Note: For information about roles in conveyancing transactions in Tasmania - including the roles that Subscribers and private individuals may act in - read the Roles in Conveyancing Transactions webpage.
Note: any capitalised term has the meaning given to it in the Recorder’s Directions, the Participation Rules, the Operating Requirements, or the Electronic Conveyancing National Law (ECNL) as applicable.
Electronic conveyancing process
Information regarding lodgment of Registry Instruments and other Documents via an Electronic Lodgment Network (ELN) can be found on the Electronic Conveyancing webpage.
The participation by Subscribers of an Electronic Lodgment Network Operator (ELNO) is regulated by the Participation Rules.
The Operation of the ELN by the ELNO is regulated by the Operating Requirements.
Tasmania's Participation Rules and Operating Requirements adopt the Model Participation Rules (MPR) and Model Operating Requirements (MOR), which are curated at a national level with each State and Territory's input via the Australian Registrars' National Electronic Conveyancing Council (ARNECC).
For more information on the regulation of National Electronic Conveyancing please visit the Australian Registrars' National Electronic Conveyancing Council website.
Paper-based conveyancing process
The Recorder's Directions provide the requirements to be followed for the preparation and lodgment of Registry Instruments and other Documents.
Online preparation of Registry Instruments and other Documents prior to printing for signing and lodgment is currently available through the Tasmanian Online Land Dealings (TOLD) System.
A Signer must sign the Registry Instrument or other Document on behalf of the Self-represented party. A Signer on behalf of the Representative must sign the Registry Instrument or other Document on behalf of the Client*.
*The Land Titles Office is amending Registry Instruments and other Documents to require the Registry Instrument or other Document to be signed by a Signer on behalf of the authorised Representative on behalf of the Client (as authorised by a Client Authorisation). As part of these amendments, witnessing requirements will also be removed. Until amended, some Registry Instruments and other Documents will remain signed by the Client (and witnessing requirements will remain).
Information about Approved Forms can be found on the Approved Forms webpage.
Requirements for Subscribers
Where possible, the electronic and paper-based conveyancing processes contain the same requirements by virtue of the Participation Rules and Recorder’s Directions, respectively.
- conduct Verification of Identity (VOI) of relevant parties
- conduct verification of right to deal in a conveyancing transaction
- obtain authorisation – in a specific form – to act on a Client’s behalf in the conveyancing transaction
- retain documentary evidence showing that these steps were taken, and all other requirements were met, and
- provide certifications to the Recorder of Titles that specific actions, including the above, were undertaken.
Subscribers who are Self-represented parties
Subscribers who are Self-represented parties are required to:- retain documentary evidence showing that all requirements were met, and
- provide certifications to the Recorder of Titles that specific actions, including the above, were undertaken.