Significant changes to NSW property conveyancing came into effect on 11 October 2021 with the introduction of the Real Property Amendment (Certificates of Title) Act 2021, as part of the transition by the NSW Government to fully electronic conveyancing.
Transition to electronic conveyancing and title documents
For over 150 years, the Torrens land titles system provided land owners with hard evidence of their ownership by issuing them a paper Certificate of Title (CT), which effectively established indefeasibility of title and ownership to a property in NSW. People often refer to their CT as their title deed.
As of 11 October 2021, the processing and lodgement of all NSW land transactions is now entirely electronic and all CTs will be cancelled.
NSW Land Registry Services are calling this “Cessation Day”.
What does this mean for you?
From Cessation Day, any existing paper CTs will cease to have legal effect and no new paper CTs will be issued by NSW Land Registry Services.
From now on, you will not receive a CT when:
- you have paid off your mortgage;
- you have purchased a property (with or without the need for mortgagee finance);
- a plan of subdivision is registered and new parcels of land are created; or
- any plan that creates a new title is lodged for registration.
Instead, NSW Land Registry Services will issue an Information Notice which will confirm the dealing is registered and the date of registration.
If you have a CT for a property, you do not have to return it to NSW Land Registry Services. While it will no longer serve any legal purpose, the CT will nevertheless remain your property, and you may want to keep it for sentimental reasons.
How Craddock Murray Neumann can help you
If your CT is held on your behalf by Craddock Murray Neumann or another law firm, we recommend you issue instructions to either have it returned to you or destroyed.
Our team of experienced Property lawyers is available to assist with this and any other enquiries you may have in relation to the impacts of these developments, or any other property matters.
