Conveyancing
3. Property Title
Authors: Staff Legal Eagle
Firm / Chambers:
Last updated: 11 Jul 2015
- Torrens title is the most common form of title in NSW and most other states and territories. In NSW it is regulated by the Real Property Act 1900 (NSW). The act creates a statutory title system under which title to property can only be obtained by registration. For more information see our Property Law topic.
- Although the majority of land in NSW comes under Torrens title the following types of title also exist:
- Old System title is land that was granted from the Crown before 1 January 1863. Although many Old System titles have been converted to Torrens title some still exist. For conveyance to take place proof of ownership is required in the form of title deeds showing an unbroken chain of ownership. This is called a ‘root of title’. Old System titles are slow and expensive to deal with. It is highly recommended to seek legal advice when selling or purchasing a property that is subject to Old System title.
- Strata and community title are derived from Torrens title but have specific requirements and obligations on the purchaser that you should get legal advice about.
- Leasehold title is most common in the ACT but occurs in other states and territories. Under this title you take ownership under a lease from the Crown and your ownership ends at the end of the lease which is usually 99 years.
- The method of transfer for strata, community or Torrens title land is same but the vendor disclosure requirements and pre-contract enquires can substantially differ.
- You need to check the relevant legislation in your state or territory as the rules are different in each jurisdiction.
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