Conversion Actions (CAs) are documents prepared in NSW LRS to record the conversion of Old System land to Torrens Title pursuant to Parts IVA and IVB of the Real Property Act 1900. NSW LRS has introduced a program whereby it is mandatory for every new deed lodged for registration in the General Registry of Deeds to be accompanied by a signed and completed Statement of Title Particulars. NSW LRS Title Conversion Group will then prepare a Conversion Application for the land in the deed.
Where there are no occupations older than 12 years shown on the plan, qualified certificates of title issue for the new lots. Qualified title may also issue 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 owners deed as follows:
Deed for value
Qualified Title. Caution pursuant to Section 28J 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....
NSW LRS conversion program
NSW LRS is currently undertaking a project to pro-actively convert Old System land to Torrens Title. Parcels are identified from the Cadastral Records Viewer as not having been converted and an Old System Search is undertaken to identify the documentary land owner.
A Conversion Action is raised in the name of the documentary owner and a departmental plan prepared in order to create a title for the parcel.
As no Statement of Title Particulars form has been completed the new title will also bear a QS Caution as a notification in the second Schedule.
A letter notifying the documentary owner of the Conversion Application is forwarded to the address disclosed in the Valuer Generals land-rates records. The letter requests the land owner to supply a completed Statement of Title Particulars.
If the name of the owner disclosed in the Rate Records differs from the name of the documentary owner, the letter also requests that the landowner supply evidence (e.g. copy of a will or devise or unregistered conveyance) indicating the manner in which they gained possession of the land.
Upon receipt of the completed Statement of Title Particulars the QS notification is deleted from the title. In some cases a Primary Application claiming the land by possession may be required.