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 action

Part IVA and IVB Real Property Act 1900 provides for the creation of a Qualified Torrens title by means of a Conversion Action (CA), if certain requirements are met, for the land contained in:

  • a deed lodged in the General Register of Deeds or
  • a plan lodged at the Plan Lodgment Counter.

A completed Statement of Title Particulars form 20-0310 (PDF 50 KB) must be lodged with every conveyance or mortgage and all affecting interests must be disclosed. If the deed is suitable for conversion the CA is given a file number and action is taken to issue a Qualified title. Section s28H(2) Real Property Act 1900 and s28K Real Property Act 1900 allow for the updating or rectification of the affecting interests.

The Qualified title may be issued with a notification referring to:

  • a caution pursuant to s28J(1) Real Property Act 1900 where the deed is for value or
  • a caution pursuant to s28J(1A) Real Property Act 1900 where the deed is not for value or
  • a caution pursuant to s28J(1B) Real Property Act 1900 where the land is held by adverse possession and
  • 'Limited Title' where the land is not clearly defined by a current plan of survey filed in the Office.

See removal of the caution information.

A 'Limited Title' notification may be removed by lodgment of a 'delimitation' plan of survey.