The End of Paper Certificates of Title in NSW
On 11 October 2021, the NSW government intends to end paper Certificates of Title (CTs) in NSW. The Real Property Amendment (Certificates of Title) Act 2021 brings in two key changes, being the cancellation of paper CTs and that all land dealings must be lodged electronically to achieve the NSW government’s goal of 100% eConveyancing in NSW.
Certificates of Title
On 11 October 2021, existing CTs will be cancelled and physical CTs will no longer be issued. Any paper CT held by a landowner will no longer be valid, any paper CT held by a mortgagee will no longer be valid, and any plan, dealing or instrument title to be lodged for registration will require a solicitor or a conveyancer to be engaged.
Landowners will no longer receive a CT if they pay off their mortgage or purchase a property without a mortgage. Solicitors and conveyancers will no longer need to ask for their client’s CTs when acting for a sale or lodging a dealing for registration. Solicitors and conveyancers that currently hold their client’s CTs will need to seek instructions on what to do with them. When customers of a bank discharge their mortgage, they will not receive a CT. Instead, the bank will receive an Information Notice that they should pass onto their customers.
In all instances of property ownership, an Information Notice will be issued. Details on this Information Notice include the folio identifier, the dealing(s) and their registration number(s), the subscriber’s (e.g. a solicitor, licensed conveyancer or bank) reference and the date of registration. However, a title search of the Register will be necessary to provide the most accurate and up to date title information regarding the property.
Going forward, the Torrens Register is the only source that can provide the truth as to a person’s interest or estate in land.
All dealings are to be lodged electronically. Lodging land dealings in paper will not be permitted from 11 October 2021. All land dealings to be lodged with NSW Land Registry Service can only be done electronically by a subscriber to an Electronic Lodgement Network. All dealings, regardless of the date signed, will no longer be accepted for paper lodgement.
If you need assistance with any conveyancing or leasing transaction, please get in touch with our team.
Jeanette Khodeir and Isobel Bathgate
19 July 2021