As an alternative to conversion by Primary Application, a parcel of land may be converted to Torrens Title by means of an Official Search. An Official Search may also be used to remove a caution from an existing Torrens Title. It cannot be used where:
- ownership is based on possession
- the plan of the land indicates that it may be adversely occupied or
- the Official Search raises doubts about the owner’s title.
Official Search as the basis for Old System Title conversion
An Official Search of the Old System Deeds Register is one undertaken by qualified NSW LRS staff and which will extend to a good root of title sufficient to prove uninterrupted ownership. The Official Search can be used as the basis for issue of a Torrens title.
To request conversion by Official Search, the applicant should complete the Application for Official Search form, together with a statutory declaration confirming ownership and (if necessary) the consent of any mortgagee and lodge them at NSW LRS. A regulated fee is payable upon completion of the search and an undertaking to pay fees incurred by the search is incorporated in the application form. Where the search involves party walls and/or easements, additional search fees may apply as the search will be extended to confirm the uninterrupted enjoyment of that right.
The Registrar General will not release the Official Search until all fees are paid.
NOTE: Plan requirements are the same as a Conversion Action.
NOTE: A limited folio of the Register may issue unless a recent plan of survey on public record is in agreement with the Official Search, alternatively a plan of survey must be lodged.
Removing a Caution Notification by Official Search
Section 28MC Real Property Act 1900 provides the facility for removing a Caution on the basis of an Official Search, provided the search (and any other evidence that the Registrar General may request) satisfies the Registrar General that there are no subsisting interests affecting the land other than those recorded in the Register or preserved by section 42 Real Property Act 1900. The power to require 'any further evidence' may be used to require a plan of survey or other information to ensure that the boundary definition of the relevant parcel is adequate, particularly with Limited Titles.
NOTE: a removal of a Caution by Official Search does not remove any limitation as to boundaries recorded in the Register. A deposited plan of survey is required.
NOTE: this method of removing Cautions is at the discretion of the Registrar General. If for example, the Official Search discloses any Old System document, refers to affecting/appurtenant easements or party walls, then the Caution will not be removed via this method.
The Application for Official Search form (see NSW LRS Fact Sheet - Old System conversion or removal of a caution by an official search) may also be used to request removal of a Caution recorded on a Qualified Torrens Title. It must be accompanied by a completed statutory declaration confirming ownership and where the land is mortgaged, the consent of the mortgagee.
Following completion of a satisfactory search, the applicant will be asked to lodge a Cancellation of Caution form 17CC for removal of the Caution. The form should be accompanied by an identification survey together with survey report completed by a registered surveyor (see section 28MC(3)(a1) Real Property Act 1900). If encroachments are noted on the report/identification survey then NSW LRS may need to investigate the encroachment further before the Caution is removed.
NOTE: For further information on removal of Cautions, see Cancellation of Caution, Cancellation of Caution by Official Search and Cautions.
All NSW legislation can be accessed at www.legislation.nsw.gov.au/
Publication Date: March 2025