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

Conversion of Old System

Land granted or alienated from the Crown before the 1 January 1863 is held under common law title and is known as Old System. Old System title can be converted to Torrens title:

  • by Primary Application  
  • by Official Search
  • upon registration of a deposited plan and related deeds
  • upon registration of deeds and
  • upon investigation by the Registrar General.

Old System land was based on the English Common Law System of conveyancing where each time land was sold or mortgaged a separate deed was prepared. Proof of ownership required a chain of these deeds.

 

Possessory title Common Law has always regarded the possession or occupation of a parcel of land as sufficient evidence of ownership.

 

Primary Application enables the conversion of Old System land to unqualified Torrens Tilte.

 

Official Search may be used to remove a Caution from an existing Torrens Title.

 

Deposited plans redefining Old System land when lodged for registration, should be accompanied by a statement of title particulars and the current deed evidencing ownership of the land.

 

 

For more information for Plans and Titling contact plan-info@nswlrs.com.au

 

Go to NSW Legislation website www.legislation.nsw.gov.au/