Conversion Actions (CAs) are documents prepared in NSW LRS to record the conversion of Old System land to Torrens Title pursuant to Parts 4A and 4B of the Real Property Act 1900. Lodgment of new deeds for registration in the General Register of Deeds must be accompanied by a completed Statement of Title Particulars.
The land subject to a conversion action must be defined in a suitable plan. See content under “Plan Requirements” below.
Where there are no adverse occupations older than 12 years shown on the new plan or plan on public record, Qualified Titles will be issued for the new lots. Qualified Titles may also be issued for lots, where a deed is based on possession - the words 'right, title and interest' are generally part of the recital in the deed.
A notification in the form of a Caution is entered on titles issued as a result of conversion action. The section of the Real Property Act quoted in the notification is dependent upon the nature of the owner’s deed, see the commentary below the following headings.
NOTE: In instances where there are adverse occupations greater than 12 years see:
https://rg-guidelines.nswlrs.com.au/deposited_plans/boundary_definition/os_boundaries
Deed for value
‘Qualified Title. Caution pursuant to Section 28J(1) Real Property Act 1900 Entered.... Bk.... No....’
Deed of gift (eg a will)
‘Qualified Title. Caution pursuant to ss.28J(1) and 28J(1A) Real Property Act 1900. Entered .... Bk.... No....’
Deed based on adverse possession
‘Qualified Title. Caution pursuant to ss.28J(1) and 28J(1B) Real Property Act 1900 Entered.... Bk.... No....’
NOTE: An alternative to a conversion action is to lodge a Primary Application. Following registration of the Primary Application, a full Torrens folio of the Register will be created.
Plan Requirements
An existing plan on public record may be used to facilitate conversion provided that plan is in agreement with the land description contained within the registered deed.
NOTE: A limitation notation may be entered depending on the age of the occupations disclosed. For further guidance please contact plan-info@nswlrs.com.au
Alternatively, a new deposited plan is required to be lodged for registration with NSW LRS, that is based upon the description contained within the registered deed. A compiled plan prepared by a registered surveyor will be accepted where the provisions of Compiled plan guidelines have been met.
NSW Conversion Program
Historically, the Registrar General undertook a project to pro-actively convert Old System land to Torrens Title. The project was decommissioned in 2016, however there still remains Old System land which to date has not been converted. These parcels may still be converted via either conversion action process referred to above, if in the name of documentary owner and a completed Statement of Title Particulars is furnished, or through a Primary Application claiming land by possession.
During the conversion program parcels were identified from the Cadastral Records Viewer as not having been converted and an Old System Search was undertaken to identify the documentary land owner.
A Conversion Action was raised in the name of the documentary owner and a departmental plan prepared if no plan held on public record that was in agreement with the Old System Deed description, resulting in creation of a folio of the Register for the parcel.
As no Statement of Title Particulars form was completed, the folio of the Register bore a QS Caution in addition to the Caution notification(s) referred to above in the Second Schedule.
A letter notifying the documentary owner of the Conversion Application was forwarded to the address disclosed in the Valuer Generals land-rates records. The letter requested the land owner supply a completed Statement of Title Particulars.
If the name of the owner disclosed in the Rate Records differed from the name of the documentary owner, the letter also requested that the landowner supply evidence (e.g. copy of a will or devise or unregistered conveyance or deed poll) indicating the manner in which they gained title and/or possession of the land.
Upon receipt of the completed Statement of Title Particulars the QS notification was deleted from the folio of the Register. In some cases a Primary Application claiming the land by possession was required.
NOTE: where folios of the Register still bear a QS notification, the process referred to above for the removal of the notification apply, ie lodging a completed Statement of Title Particulars.
Publication Date: March 2025