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

Old System land

How do I convert my Old System land?

Part IVA Real Property Act 1900 allows for conversion of Old System land to a qualified folio of the Register. This folio of the Register may be subject to some interests other than those recorded in the Second Schedule. Where this is the case a caution appears in the second schedule. The type of caution depends on the circumstances of conversion and has no effect on any dealings subsequently lodged.

How do I remove a Caution?

Removal of a caution depends on the type of caution entered on conversion to a qualified folio of the Register. A caution will only be removed on satisfaction of all legislative requirements and its removal will convert the qualified title into a full Torrens title. See our fact sheet Old System conversion or removal of a caution by an official search (PDF 187.9 KB).

The most common type of cautions are entered pursuant to s28J(1) Real Property Act 1900 and may be removed when twelve years have elapsed since creation of the qualified folio. These cautions are removed on lodgment and subsequent registration of any dealing. No extra fee is payable.

Otherwise, a Cancellation of Caution (form 17CC) may be lodged. The requirements outlined on the form must be followed to enable removal of the particular caution and to satisfy their respective legislative requirements. It should be noted that the form incorporates a statutory declaration.

The current lodgment fee must be paid at lodgment (see schedule of fees).