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

Dealings by a minor

The following applies to Real Property Act dealings and Water Access Licence dealings.

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 an independent solicitor or the Public Trustee pursuant to s28 Minors (Property and Contracts) Act 1970.  The certificate must state that:
    • the minor understands the intention and effect of the dealing
    • the minor makes the dealing freely and voluntarily and
    • the consideration is not manifestly inadequate.

See execution by or on behalf of a minor page.

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 and Water Access Licence dealings.

Any dealing in favour of a minor, ie a person below the age of 18 years, must include the date of birth as well as 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 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 an independent solicitor or the Public Trustee pursuant to s29 Minors (Property and Contracts) Act 1970. The certificate must state that:
    • the minor understands the intention and effect of the dealing
    • the minor makes the dealing freely and voluntarily and
    • the consideration is not manifestly excessive.

The notification entered on the title will include the words '(a minor)' after the minor's name. On attainment of the age of 18 years the words '(a minor)' will be removed on registration of a dealing.

See execution by or on behalf of a minor page.

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