Old System Title vs Torrens Title in NSW: What Property Owners Need to Know?
Most NSW property owners never need to think about the system under which their land is held - until they plan a subdivision, investigate a boundary issue, buy or sell a property, or encounter an unexpected title matter during settlement.
While most land in New South Wales is now registered under Torrens Title, a small amount remains under Old System Title. Understanding the difference can help property owners allow enough time for surveying, legal investigations and possible title conversion.
What is Torrens Title in NSW?
Torrens Title is the land registration system used for most properties in NSW.
Under this system, ownership and registered interests are recorded on the NSW land title register. Each property has a unique folio identifier, generally connected to a lot and deposited plan.
The register records important information about the property, including its registered owner and interests such as mortgages, easements, covenants and restrictions.
For property owners, Torrens Title generally provides a clearer and more centralised record of ownership than the older deed-based system.
What is Old System Title?
Old System Title also known as common-law title predates the introduction of Torrens Title in NSW.
Rather than relying on one registered title as evidence of ownership, Old System ownership is established through a chain of historical deeds documenting successive property transactions.
A relatively small amount of Old System land remains in NSW. It is generally associated with older, long-held parcels that have not previously undergone a transaction or process requiring conversion to Torrens Title.
Why does Old System Title matter?
Discovering that a property is held under Old System Title is not necessarily a cause for alarm. However, it can make boundary investigations, property transactions and development processes more complex.
More historical evidence may be required
Old System title investigations can require solicitors and surveyors to examine historical deeds, plans and other property records to establish ownership and boundary evidence.
Boundaries may require further investigation
Older deeds can describe boundaries using historical measurements, adjoining owners or physical features that have since changed or disappeared.
A Registered Surveyor may need to assess the available documentary and physical evidence carefully to determine or re-establish the property boundaries.
Additional time and costs may apply
Researching the deed chain, completing survey work and preparing any required documentation can take longer than work involving a standard Torrens Title property.
If conversion to Torrens Title is required, additional professional, registration and legal costs may also apply.
Issues can emerge during a sale or development
Old System title issues are sometimes discovered when a property is being sold, subdivided, refinanced or prepared for development often when project or settlement timeframes are already tight.
Starting the investigation early can reduce the risk of unexpected delays.
How is Old System land converted to Torrens Title?
Depending on the property and proposed transaction, conversion may involve a Primary Application or another process through NSW Land Registry Services.
The correct pathway will depend on factors including the available title evidence, the property boundaries and the type of dealing or development being proposed.
A Registered Surveyor can investigate the land and prepare the required survey information, while an experienced property solicitor or conveyancer can advise on the legal and lodgement requirements.
What should you do if your property has Old System Title?
If you discover that your NSW property is held under Old System Title:
Begin the investigation as early as possible
Engage a Registered Surveyor experienced in boundary and title work
Speak with a solicitor or conveyancer familiar with Old System land
Allow additional time within your settlement or development program
Avoid relying solely on existing