As of 11 October 2021, NSW will move to 100% eConveyancing. From this date, all existing paper certificates of title (CTs) on properties will be cancelled, new CTs will no longer be issued, and all land dealings must be lodged electronically. Here, we provide an overview of what exactly 100% eConveyancing means and how it will impact your existing property and/or any future property purchases.
What does 100% eConveyancing mean?
eConveyancing replaces the paper and manual processes that were traditionally involved in property transactions, with a completely electronic process. Parties involved in purchasing or selling a property can now conduct settlements and lodge any land dealing online.
The move to 100% eConveyancing means that only subscribers to an Electronic Lodgement Network Operator can lodge land dealings and conduct property settlements online. This requires the assistance of a property lawyer or licensed conveyancer, who must verify the identity of their client and establish that they have a right to deal with the land. Our experienced Sydney property and conveyancing lawyers can assist you with this.
The abolition of Certificates of Title
Paper CTs will no longer be considered a legal document after 11 October 2021.
If you currently hold a CT, nothing needs to be done in response to this change. NSW Land Registry Services (NSW LRS) recommends that you hold on to your CT after 11 October 2021 in case you plan to deal with the land in the next 6 months and it may also be relevant for administrative purposes.
If another party, such as your property lawyer or conveyancer is holding a CT on your behalf, you may request it back or discuss what you would like done with the CT as it is still considered your personal property.
If you have a mortgage on the property, the current arrangements remain in place. Once the mortgage is paid off and discharged, you will no longer receive a CT. The bank will instead provide you with an Information Notice confirming that the mortgage has been discharged.
If you purchase a property with no mortgage, you will no longer receive a CT after registration. You will instead be given an Information Notice confirming that the property has been transferred and registered in your name.
Proving ownership or an interest in the land
The Torrens Title Register is the single source of truth as to the ownership of or interest in land in NSW. It is electronically stored and maintained by NSW LRS.
A title search of the property is considered to be the official means of proving ownership of or interest in real property in NSW. It provides the most accurate and updated title information regarding the property. You can still find your proof of ownership of a property and/or land via this method.
Electronic lodgement of dealings
From 11 October 2021, all dealings to do with your property such as lodging a caveat or adding a covenant or easement, must be lodged electronically through your property lawyer/conveyancer. Paper dealings through the NSW LRS will no longer be accepted. You can find more information on the Schedule of eDealings here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
