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

Minors

A minor means a person under the age of 18 years. A dealing by or in favour of a minor must not disclose the date of birth or age of the minor. A certified copy of the minor's birth certificate must accompany the dealing and will be filed as evidence. 

Dealings by a minor as disposer

 The following applies to Real Property Act dealings, Water Access Licence dealings, and the General Register.

A dealing or document by a minor may be executed by:

  • the minor; or
  • the minor’s father and mother, and their capacity must be stated. Execution by only one parent, or by persons in another capacity, requires supporting evidence to show they have the parental responsibility for, or the guardianship of, the minor.

A dealing by a minor will not be registered unless:

  • it is authorised by an Order of Court or by a statute; or
  • it is supported by a certificate given by a solicitor instructed and employed independently of any other party to the dealing, or the NSW Trustee and Guardian pursuant to s 28 Minors (Property and Contracts) Act 1970. The certificate must be given before, but not more than seven days before, the date of the dealing. The certificate must state that:
  • (if a solicitor gives the certificate) the solicitor is instructed and employed independently of any other party to the dealing;
  • the person giving the certificate is satisfied that the minor understands the true purport and effect in law of the dealing;
  • the person giving the certificate is satisfied that the minor makes the dealing freely and voluntarily; and
  • the person giving the certificate has received a written statement from an independent and appropriately qualified valuer or other financial adviser to the effect that the consideration for the dealing is not manifestly inadequate.

The written statement from the valuer or other financial adviser needs to be annexed to the certificate.

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [350.400].

Dealings in favour of a minor

The following applies to Real Property Act dealings, Water Access Licence dealings, and the General Register.

Any dealing in favour of a minor must include the words '(a minor)' after the name.

A minor cannot be appointed as a trustee. Any dealing involving a trustee who is known to be a minor will not be registered. See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [350.700].

A dealing or document in favour of a minor may be executed by:

  • the minor;
  • the minor’s father and mother, and their capacity must be stated. Execution by only one parent, or by persons in another capacity, requires supporting evidence to show they have the parental responsibility for, or the guardianship of, the minor; or
  • the minor’s solicitor. 

A dealing in favour of a minor will not be registered unless:

  • it is authorised by an Order of Court or by a statute; or
  • it is supported by a certificate given by a solicitor instructed and employed independently of any other party to the dealing, or the NSW Trustee and Guardian pursuant to s 29 Minors (Property and Contracts) Act 1970.The certificate must be given before, but not more than seven days before, the date of the dealing. The certificate must state that:
  • (if a solicitor gives the certificate) the solicitor is instructed and employed independently of any other party to the dealing;
  • the person giving the certificate is satisfied that the minor understands the true purport and effect in law of the dealing;
  • the person giving the certificate is satisfied that the minor takes the dealing freely and voluntarily; and
  • the person giving the certificate has received a written statement from an independent and appropriately qualified valuer or other financial adviser to the effect that the consideration for the dealing is not manifestly excessive.

The written statement from the valuer or other financial adviser needs to be annexed to the certificate.

The notification entered on the title will include the words '(a minor)' after the name of the person.

When the person has attained the age of 18, the words '(a minor)' will be removed from the title:

  • on registration of any dealing accompanied by evidence of the age of the person; or
  • pursuant to a specific request made on form 11R and accompanied by evidence of the age of the person.

See Baalman And Wells, Land Titles Office Practice, Lawbook Co. 2001 [350.250].