What is a Certificate of Title?
A Certificate of Title, sometimes referred to as a title deed or a land title, is a formal legal document that provides evidence of ownership of real property. It is a printed document showing a title reference, name(s) of registered owners and any registered dealings such as mortgage details.
If the real property is subject to a mortgage, the Certificate of Title is usually held by the mortgagee bank or non-bank lender as security for the loan, so that the property would not be transferred or mortgaged without their knowledge.
In general usage, the term real property is used to refer to land and buildings as a physical entity, as distinct from personal property. This can be in the form of vacant land, a house, unit, flat or apartment, a commercial or industrial property or a farm.
What is changing?
There are two significant changes from 11 October 2021:
- the cancellation of Certificates of Titles and the Control of the Right to Deal (CoRD) framework
- all land dealings must be lodged electronically. This is referred to as ‘100% eConveyancing’.
What this means for our customers
For most of our customers, these changes will have very little impact.
The NSW Land Registry Services will accept a copy of the probate, letters of administration, Power of Attorney or court order to establish our right to deal with a customer’s real property electronically.
If we have been appointed as the executor or administrator of a deceased estate, it means that we will no longer require the original Certificate of Title to administer the estate.
If you would like to find out more about the changes to this legislation, visit the Office of the Registrar General.