It’s been a long time coming, but as at 11/10/2021 all certificates of title will be electronic.
Yes, those pieces of paper we proudly held, that said ‘it’s mine!’ will no longer hold any value.
This is a change that will complete New South Wales’ transition for 100% eConveyancing.
Without CTs what is the legal source of truth for property ownership?
The NSW Torrens Title Register will be the only source of truth as to a person’s ownership or interest in land.
If no lender/mortgagee is involved, NSW Land Registry will issue an Information Notice, which includes the folio identifier and the dealing(s) that were registered, including their registration number(s), the subscriber's reference, and the date of registration. This notice can be considered proof of registration, however a title search (currently about $27) can also be obtained for official proof of legal interests recorded on the Register.
What happens to any paper titles when there’s no mortgage?
Sadly, they return to the state of being just a piece of paper.
They will only have sentimental value and will not be considered proof of ownership.
If you are planning on selling your property, only subscribers to an Electronic Lodgment Network Operator (ELNO) can prepare and lodge dealings that are to be registered on the NSW Torrens Register. This will typically be your conveyancer/solicitor.
If you have any questions about your situation, contact me via leah@stevensconveyancing.com.au or call 0414 894 031 to discuss.
Please note that the information contained in this article is of a general nature only and does not constitute legal advice. Stevens Conveyancing does not take responsibility for any errors or omissions obtained from the use of this information.