Cancellation of Paper Title Deeds In NSW…

Amanda Quin - Wednesday, August 04, 2021

From 11 October 2021, the NSW land titles system will no longer be a paper-based process, as the transition to electronic conveyancing will, in most instances, be complete.

As a result  all existing  certificates of title (title deeds) for land in NSW will be cancelled on 11 October 2021 and  no new certificates of title will be issued in New South Wales after that date.

Instead if you purchase land or deal with it (such as discharging a mortgage) then an Information Notice will issue, which will confirm the dealings registered and date of registration.

You may of course continue to keep any title deed in your possession, for your own records or family history purposes, however, it will no longer be a legally valid certificate of title.

If you do hold a title deed and you plan to deal with your land before 11 October 2021, then you definitely should hold onto  your title deed until that dealing is finalised, as your title deed may be needed to satisfy requisitions or other administrative notices.

As a result of the abolition of title deeds, if you wish to sell or mortgage your land or even register a lease over it, then you will need to prove to you solicitor that you have the right to deal with the land in question. This may involve proving not just your identity, but also establishing your connection to the property from an independent source. For example, we are likely to ask you for your most recent rates notice.

NB - This change does not affect water title deeds and therefore you should continue to hold any water title deeds in your possession securely, as they remain valid certificates of title.