Land granted or alienated from the Crown before 1 January 1863 is held under Common Law Title and is known as Old System land. Title to Old System land can be converted to Torrens Title:
- by Primary Application
- by Official Search
- upon registration of a deposited plan and related deeds
- upon registration of a deed that refers to a plan on public record 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 enables a party in possession or occupation of a parcel of land to obtain ownership of that land.
Primary Application enables the conversion of Old System land to unqualified Torrens Title.
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 on Plans and Titling please visit the NSW LRS Contact Us page.
All NSW Legislation can be accessed at www.legislation.nsw.gov.au/
Publication Date: March 2025