New changes to the New South Wales land titles system will be introduced from 11 October 2021 (cessation date) to cancel certificates of title (CTs) and the control of the right to deal (CoRD) framework and provide for all land dealings to be lodged electronically.
As special counsel Brooke Bostock explains, this means NSW will have 100 percent e-conveyancing.
From 11 October, no new CTs will be issued. Existing CTs will be cancelled and will not be required to have a dealing or plan lodged for registration.
Authorised deposit-taking institutions, such as banks, will no longer be issued with CoRD, which is the electronic equivalent of a CT.
The three main changes will be:
If you own property in NSW and currently have a CT, you do not need to take any action. From October, the CT will simply cease to be a legal document. However, you should keep the CT in a safe place.
If you have a CT and plan to deal with your property, you should hold on to the CT. This is because a transaction may start before the cessation date, but not be finalised. The CT may still be needed to satisfy requisitions or administrative notices that issue before 11 October 2021.
If your property is unencumbered, but someone else is holding a CT for you (eg a solicitor holds a CT in their safe custody), you may wish to ask for the CT to be returned to you. This is because from the cessation date, there will no longer be remedies available under the Real Property Act to have a CT returned.
All land dealings, regardless of the date they are signed, will not be accepted for paper lodgement in the NSW Titles Office after 11 October 2021 and must be lodged through an electronic lodgement network (ELN). If you own property or are purchasing property in NSW, you will need to have a lawyer or licensed conveyancer, who subscribes to an ELN, prepare and lodge land dealings for you.
There will still be some ability to have dealings that were prepared and signed some time ago, like old release of mortgage forms, lodged for registration. These 'out-of-scope' transactions will need to be lodged electronically and must also be lodged by a lawyer or licensed conveyancer who subscribes to an ELN.
McMahon Clarke is an ELN subscriber and uses the PEXA platform for electronic lodgement of dealings, including those in NSW. Please contact one of our Real Estate lawyers to discuss how we can assist you.