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Articles and legal news from the Atkinson Vinden Team.

Abolition of Certificates of Title to land

Property Law

Paper certificates of title to land in NSW have been abolished with effect from 11 October 2021. All current certificates of title now have no legal effect and certificates of title will no longer be issued by the Registrar General. The previous practice of issuing a certificate of title when a dealing is registered will no longer be followed. Instead, when a dealing with land is registered, the Registrar General will issue a new document called an ‘Information Notice’ which will confirm that the dealing is registered and state the date of registration.

Lenders and mortgagees who only hold certificates of title as security, rather than having a registered interest in the land, will need to consider alternatives such as lodging for registration a mortgage or caveat to secure their interests.

The Registrar General notes that the main changes from the previous practice are:

  1. Owners who pay off their loan secured by a mortgage and receive a discharge of the mortgage will not receive a certificate of title as was traditionally the case.
  2. A purchaser of property without the need for a loan secured by a mortgage (“cash-buyer”) will not receive a certificate of title.
  3. When a plan of subdivision is registered, creating new parcels of land certificate of titles or ‘Certificates of the Right to Deal’ (CoRD) which were the electronic equivalent of a certificate of title, will no longer be issued for those parcels.
  4. Lenders will no longer be issued with CoRDs.

Owners who currently hold paper titles are not required to do anything with their certificates, however the changes will mean that your certificate of title will no longer be a legal document.

Paper dealings are no longer accepted for lodgement by the Registrar General. This means that all land dealing from 11 October 2021 are required to be lodged electronically eConveyancing. This is a transition to 100% eConveyancing.

Please contact our property team if you require assistance with registering an interest in land.

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