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

Lost documents

The following applies to Torrens Title land and Water Access Licences.

Certificate of Title

Where a certificate of title is lost in NSW LRS, refer the case to CSB5 for a special search.

If the search proves unsuccessful, refer the case to the Senior Examining Officer who must take the following urgent action.

Lost Manual Certificate of Title

Refer the case to SM99 for preparation of a draft CT.

Lost Computer Certificate of Title

Direct the case to be registered without the certificate of title.  A new title will issue on registration of the dealing. The minute papers must be retained for 3 years.

Subsequent discovery of the missing Certificate of Title

Where a New Certificate Of Title form 12PV or Replacement Licence Certificate W-12PV has been lodged and NSW LRS is subsequently informed that the missing title has been discovered, take the following action:

  • discontinue action on the application if the new folio of the Register has not issued. Refer the case to the Senior Examining Officer for possible refund of fees.
  • request production of the old certificate of title if the new folio of the Register has issued. The old certificate will be cancelled and returned if requested, or destroyed.

Unregistered dealing or document lost in the office

The Special Searcher CSB5 searches for missing dealings and other documents. If a search proves unsuccessful refer the case to the Senior Quality Review Officer, Quality Review Section SQ2 for the urgent preparation of a substitute dealing or document.