From 11 October 2021, all NSW certificates of title will be abolished and NSW will transition completely towards 100% electronic conveyancing.
What is a certificate of title?
NSW property dealings are registered on the Torrens Title Register. A certificate of title is a formal legal document reflecting the property dealings on that Register. It sets out the legal name of a property, the ownership of the property and other land-based dealings such as mortgages, easements, rights of carriageway, covenants or caveats.
From 11 October 2021, your certificates of title will no longer have any legal effect and you can no longer use your certificate of title to register land-based dealings. Similarly, if you purchase a property or pay off your loan, you will not receive a certificate of title.
As the certificate of title will be abolished, your certificate of title can be destroyed. Alternatively, you may keep your certificate of title for sentimental value or as a historical record.
Electronic conveyancing
In line with the abolition of certificates of title, all land-based dealings including transfers of property, leases, mortgages and caveats must be lodged electronically by a subscriber to an electronic lodgement network. A subscriber is typically a lawyer, licensed conveyancer or bank.
To ensure your property is protected, a subscriber must verify your identity, hold your authorisation to deal with the property and establish that you have the right to deal with that property. As certificates of title will have no legal effect, they are not sufficient evidence that you have the right to deal with that property. Individuals selling their property will need to provide a current local government rates notice, utility bill or land tax assessment.
If you require a copy of your property details as registered on the Torrens Title Register, your subscriber may also obtain a title search on your behalf.
Aubrey Brown Lawyers is a subscriber with PEXA, an electronic lodgement network, and can assist you with your conveyancing transactions.
If you have any enquiries about your certificate of title or electronic conveyancing, please contact our office on 02 4350 3333 or email enquiries@aubreybrown.com.au and our staff can assist.
