Abolition of Certificates of Title in New South Wales

Summarise with:

ChatGPT Gemini Perplexity Microsoft Copilot

Open now

---

Table of Contents

• What Does This Mean?
• What If I Already Have a Certificate of Title?
• Key Takeaways

Since 11 October 2021, New South Wales has transitioned to a 100% e-conveyancing system. This means that Certificate of Titles have been abolished and are documents proving:

• public and legal records of land ownership; and

• interests and restrictions of land.

Alongside them, the Control of the Right to Deal (CoRD) framework, serving as the electronic equivalent of Certificate of Titles for Authorised Deposit-Taking Institutions such as banks, has also been discontinued. You now need to lodge all land dealings electronically instead of using paper. This article will explain what abolishing certificates of title in New South Wales means.

Managing a Lease When Purchasing a Business

This guide will help you to understand your options when you purchase a business with leased premises.

Download Now

What Does This Mean?

The abolition of Certificates of Titles in New South Wales means:

• Certificate of Titles lose their legal effect (and you do not need to submit a dealing or plan for registration);
• Authorised Deposit-Taking Institutions no longer receive Control of the Right to Deal issuances;
• if you pay off your mortgage, you will not get a Certificate of Title;
• a purchaser of a property without any encumbrance (like a mortgage) will not receive a Certificate of Title;
• when you register a subdivision plan, you will not receive any Certificates of Title or CoRD for the new parcels created.

What If I Already Have a Certificate of Title?

If you have unencumbered land but someone else is holding your Certificate of Title, you should request it back before 11 October 2021. After this date, the Certificate of Title will simply no longer have legal effect, and there will be no legal remedies to have it returned. Landowners of unencumbered land who hold a Certificate of Title issued prior to 11 October 2021 will not have to take any action.

Key Takeaways

In New South Wales, you need to complete all land registrations electronically. To register documents this way, you must subscribe to PEXA. LegalVision subscribes to PEXA and has experience in registering documents using the platform.

If you have any questions about the abolition of certifications, our experienced property lawyers can assist as part of our LegalVision membership. For a low monthly fee, you will have unlimited access to lawyers to answer your questions and draft and review your documents. Call us today on 1300 544 755 or visit our membership page.