On 11 October 2021, the Real Property Amendment (Certificates of Title) Act 2021 commenced, which abolished the Certificates of Title (CTs) and the control of the right to deal (CoRD) framework. All existing CTs have been cancelled and CTs will no longer be issued. Existing CTs will not need to be produced, and CoRD holder consent will not be required, for a dealing or plan to be registered. All existing Guidelines subject to this change are currently being reviewed and will be updated to reflect these changes. For further information regarding the abolition of CTs, please see https://www.registrargeneral.nsw.gov.au/property-and-conveyancing/eConveyancing/abolition-of-certificates-of-title

Conveyance - possessory title

ADIS Code - CPT

A conveyance of Old System land is based on possession where the vendor claims ownership through possession of the estate rather than by a chain of title.

The information contained hereunder relates to a current conveyance where a Qualified Title has not been issued. A form of conveyance is set out in Schedule 2 Conveyancing Act 1919. The name of the last registered proprietor is required, or a statement that the conveyance affects a pre-Torrens Title Crown Grant.  No further evidence is required.

Lodgment requirements

Stamp duty - Required. Marking as regards Vendors Duty is also required.  If not marked, Registration insisted upon is prohibited.

Any alteration to the consideration, tenancy, interest/share, or change to the names of the parties must be marked.  A minor change in spelling that does not alter the identity of a party may be ignored.  The addition of a name must be marked.

Not required where the tenancy only is changed.

Registration copy - Required.  If unacceptable, Registration insisted upon is prohibited.

Statement of Title Particulars form - Required.

NOS form - Required.

Index Particulars form  (completion)

(A) Lodging Party - Must be completed.

(B) Instrument - Conveyance - Possessory Title

(C) Locality - Required. The situation of the Old System land.

Link Conveyance - For the Old System land affected.

Principal Deed - Not required.

(D) Indexing - The last registered proprietor, the vendor (the party claiming possession), and the purchaser.

(E) Certification - Required.

Document requirements

Date:  must be dated with the date of execution.  If not dated advise the lodging party.  If a date is not furnished, indicate Registration insisted upon and include the reason.

Name:  the full names (initials are acceptable) of the trustees, the trust and the purchaser are required.  Advise the lodging party of any discrepancies in names. 

Tenancy:  the tenancy/shares must be identical to that stated on the STP form.  If tenancy is not stated for more than one purchaser, tenants in common is assumed.

Operative clause:  "... hereby convey/convey to ...".

Locality:  required.  The situation of the Old System land.

Land Description:  required.  The Old System land must be described by reference to:

  • a metes and bounds description
  • another registered instrument
  • a plan attached
  • a Government Gazette notice or
  • a lot or parcel in a subdivision.

Link Conveyance:  required.  The last registered conveyance or acknowledgment that evidences ownership prior to Book 4000.  Whole or part must be established.

Execution:  by the vendor (the party claiming possession).  A power of attorney must be registered.  The purchaser does not have to sign.

Attestation:  required.  Must be witnessed by a person of 18 years of age or older who is not a party to the document.

IPF:  must be completed.

Staff processing information

A conveyance based on possession must be referred to Legal through the Senior Examining Officer.

Conversion Action will be initiated but a Torrens Title may not be issued.  If issued, a Caution pursuant to s28J(1B) Real Property Act 1900 will be entered. 

If the Link Conveyance is above Book 4000 or a previous CA has been raised, ensure a Qualified Title has not issued. If issued.

If the conveyance by trustees includes a covenant to produce enter a Noting: "With a covenant to produce".

CA Required

Indexing

Locality:  required. The situation of the Old system land. 

Link Conveyance:  required. The last conveyance or acknowledgment prior to Book 4000.  Indicate whole "W" or part "P".

Principal Deed: nil.

Noting: If:

  • an interest, state: "interest in" (or Noting Code: "I")
  • a share, state: "[fraction] share"
  • part of the land, state: "[affected land description]"
  • the land description relies on an attached plan, state: "see attached plan" (or Noting Code: "PL").

V: the vendor (the party claiming possession) and the last registered proprietor,  deceased estates or trusts, and any variations thereof.

P: the purchaser, deceased estates or trusts, and any variations thereof.