How Land Transfers Work in Queensland: From Contract to New Title

Understanding the Land Transfer Process in Queensland

Buying or selling property in Queensland involves a formal transfer of land — the legal process by which ownership passes from one party to another and is recorded on the property's certificate of title. While your conveyancer or solicitor handles most of the paperwork, understanding how the process works gives you confidence and helps you spot potential delays before they derail your settlement.

This guide walks through the complete land transfer process in Queensland, from signed contract to the moment the new owner's name appears on the title.

Step 1: The Contract of Sale

Everything starts with the contract of sale. In Queensland, the standard REIQ contract is used for most residential transactions. Once both parties sign and the buyer pays the deposit, the contract becomes binding (subject to any conditions like finance approval or building inspections).

Key elements of the contract relevant to the transfer:

• Lot and plan description — identifies the exact parcel of land being transferred
• Settlement date — when ownership officially changes hands
• Special conditions — any additional requirements that must be met before settlement
• Title reference — the unique identifier for the property's title

Your conveyancer will use the title reference to order a current title search and verify the seller's ownership, check for encumbrances, and confirm the property description matches what you're buying.

Step 2: Due Diligence and Title Searches

Before settlement, your legal representative conducts thorough due diligence. The cornerstone of this process is the title search, which reveals:

• The registered owner(s) — confirming the seller has the legal right to sell
• The lot and plan number — confirming the property boundaries
• All registered encumbrances — mortgages, easements, covenants, caveats, and other interests
• Any unregistered dealings — pending transactions that could affect the title

At TitleFinder, a current title search costs $74.50 AUD and is delivered digitally. For older properties, a historical title search ($86.50) can trace the chain of ownership back through previous transfers.

If the title search reveals easements or other encumbrances, your conveyancer may also order dealing instruments ($91.80 each) to review the specific terms, or survey plans ($85.90) to check boundary details and easement locations on the ground.

Step 3: Pre-Settlement Searches

In the days leading up to settlement, your conveyancer conducts a final round of searches to ensure nothing has changed since the contract was signed. These typically include:

• Final title search — checking no new encumbrances, caveats, or writs have been registered
• Council rates search — confirming rates are paid up to date
• Body corporate search (if applicable) — verifying levy payments and any special resolutions
• PPSR search — checking for personal property securities (relevant for properties sold with fixtures or equipment)

These pre-settlement searches are your last line of defence against nasty surprises. A new caveat or writ registered between contract and settlement could delay or prevent the transfer.

Step 4: Preparing the Transfer Documents

Form 1 — Transfer

The key document in any Queensland land transfer is the Form 1 Transfer, lodged with the Queensland Titles Registry (part of the Department of Resources). This form records:

• The title reference and lot/plan description
• The transferor (seller) and transferee (buyer) details
• The consideration (purchase price)
• Any conditions or limitations on the transfer

Since Queensland moved to electronic conveyancing (eConveyancing) through platforms like PEXA, most Form 1 Transfers are now prepared and lodged digitally. Your conveyancer creates the transfer workspace, and both parties' legal representatives verify and sign electronically.

Form 24 — Discharge of Mortgage

If the seller has an existing mortgage (which most do), the lender must prepare a Form 24 Discharge of Mortgage. This releases the lender's security interest from the title, allowing the property to transfer free of the mortgage. In eConveyancing, the lender participates directly in the PEXA workspace.

Transfer Duty (Stamp Duty)

The buyer must pay transfer duty (commonly called stamp duty) to the Queensland Office of State Revenue. The amount depends on the purchase price and whether you qualify for concessions (such as the first home concession or home concession). Transfer duty must be paid before the transfer can be registered.

For a $500,000 property, transfer duty is approximately $8,750 for a standard purchase, or $0 if you're an eligible first home buyer purchasing under the threshold. Your conveyancer calculates the exact amount and arranges payment.

Step 5: Settlement Day

Settlement is the day everything comes together. In a typical electronic settlement:

1. Financial settlement occurs through PEXA — the buyer's bank releases funds, the seller's mortgage is discharged, and the seller receives the net proceeds
2. The Form 1 Transfer is lodged electronically with the Titles Registry
3. Transfer duty payment is confirmed
4. The new mortgage (if any) is registered in favour of the buyer's lender

All of this typically happens within minutes on the platform. Gone are the days of physical settlement rooms where lawyers exchanged cheques and paper documents across a table (though some complex transactions still settle this way).

Step 6: Registration and the New Title

After settlement, the Titles Registry processes the lodged documents and updates the register. The buyer's name replaces the seller's as the registered owner. A new title search will now show:

• The buyer as the registered owner
• The buyer's mortgage (if applicable) as a new encumbrance
• The seller's mortgage removed (discharged)
• All continuing encumbrances (easements, covenants, etc.) that weren't discharged

Registration typically occurs on the same day as settlement for electronic lodgements. Once registered, the transfer is complete — the buyer is the legal owner under the Land Title Act 1994 and receives the protections of Queensland's Torrens title system, including indefeasibility of title.

Common Issues That Delay Land Transfers

Caveats on the Title

A caveat is a formal notice that someone claims an interest in the property. If a caveat is registered, the transfer cannot proceed until the caveat is withdrawn or removed by court order. Common causes include disputed ownership, unpaid debts, or unresolved family law matters.

Outstanding Rates or Levies

Unpaid council rates or body corporate levies must be settled before (or adjusted at) settlement. If the seller hasn't kept up with payments, it can delay the process while adjustments are calculated and agreed upon.

Mortgage Discharge Delays

The seller's lender must prepare and lodge the discharge of mortgage. Some lenders are slower than others, and delays in discharge preparation are one of the most common causes of settlement postponement.

Identity Verification Failures

Under the Verification of Identity (VOI) requirements, both parties must verify their identity before documents can be signed. If there are issues with identity documents or the VOI process isn't completed in time, settlement can be delayed.

Survey or Boundary Discrepancies

If a pre-purchase survey or inspection reveals discrepancies between the physical boundaries and the title plan, the transfer may be delayed while the issue is investigated. Ordering a survey plan from TitleFinder ($85.90) before you get too far into the process can help identify these issues early.

Special Transfer Scenarios

Transferring Property Between Family Members

Family transfers follow the same registration process but may attract different transfer duty treatment. Transfers between spouses, for example, may be exempt from duty in certain circumstances. Always get specific advice — the duty implications can be significant.

Deceased Estate Transfers

When a property owner passes away, the property must be transmitted to the executor or administrator before it can be transferred to a beneficiary or sold. This involves lodging a Transmission Application with the Titles Registry, supported by probate or letters of administration.

Subdivisions and New Lots

When land is subdivided, new titles are created for each lot. The transfer process can't begin until the survey plan is registered and new title references are issued. Delays in plan registration are common and can push back settlement dates for off-the-plan purchases.

Why Title Searches Are Essential at Every Stage

Title searches aren't just a one-time check. Throughout the transfer process, they serve multiple purposes:

• Before signing: Verify ownership and identify deal-breaking encumbrances
• During due diligence: Investigate specific interests with dealing instruments and survey plans
• Pre-settlement: Confirm nothing has changed since the contract
• Post-settlement: Verify the transfer was registered correctly and your name is on the title

At TitleFinder, we make it easy to search Queensland property titles at every stage of your transaction. Order your searches online and receive results digitally — no waiting, no paperwork.

• Current Title Search: $74.50
• Historical Title Search: $86.50
• Dealing Instrument: $91.80
• Survey Plan: $85.90
• Image of Certificate of Title (pre-1994): $76.90