Title Deeds – what are they?

All land ownership in New South Wales is administered by Land Registry Services NSW.

When you purchase a property, documents are prepared to transfer the property into your name and a Certificate of Title, or title deeds as it is more commonly known, is the legal document that is evidence that you own the property.

The name “title deeds” is a term that was used when land ownership in NSW was based on the British system known as “Old System” where a chain of title deeds had to be kept proving ownership of the land. Over the years this Old System has been converted to what we now know as “Torrens Title”. This is where a record of each purchase is recorded at Land Registry Services and a Certificate of Title issued in the new owner’s name.

With the introduction of electronic conveyancing in recent years this Certificate of Title can be either:

• an Electronic Certificate of Title (eCT)
• a paper Certificate of Title.

If you borrow money and have used the property as security for your loan then the title is an Electronic Certificate of Title. This is an electronic record of land ownership and means that your lender does not hold a paper Certificate of Title. Your lender has the right to deal with the land and has authority to consent to the registration of any subsequent interests in the land.

If you do not borrow money and you own the property outright then Land Registry Services NSW will issue you with a paper Certificate of Title. This document is extremely important and expensive to replace. You need this paper Certificate of Title to deal with the land, for example, it is needed if you sell or borrow money in the future.

Kells has facilities to keep this paper Certificate of Title in our deed room for safekeeping until required by you. This is a free service we are happy to provide for your convenience.

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