What is in a property title?
A property title records who owns land and what affects it. Most land in Australia is generally held under the Torrens title system. One register entry, called a folio, names the owner and the lot and plan. It also lists interests such as mortgages, leases, easements and caveats. A title search gives you a copy.
By Ankit PaliwalUpdated
What does a title search show?
In NSW, each folio has an identifier made from the lot and plan numbers. Lot 1 in Deposited Plan 12345 becomes 1/12345. The title names the registered owner, or proprietor. It also lists the interests recorded against the land, such as a mortgage, lease, easement, covenant or caveat. The plan shows the shape and size of the lot.
A title search does not show everything. It will not tell you the zoning, whether building work was approved or what the council plans nearby. Those come from other searches and the documents attached to the contract. Your conveyancer or solicitor checks them alongside the title.
How is a deed different from the Torrens register?
Before Torrens, land was held under what is now called the old system. Ownership was proved by a chain of deeds, each passing the land from one owner to the next. In NSW, those deeds were recorded in the General Register of Deeds from 1825. To prove you owned the land, you had to trace the chain back.
The Torrens system started in NSW in 1863. It uses one register entry for each parcel, updated with every dealing. NSW Land Registry Services says the NSW Government guarantees the register. A registered owner cannot have their title challenged unless it was registered by fraud. Across Australia, most land generally uses the Torrens title system.
Do you still get a paper title deed?
People still say title deed, but in most cases they mean a copy of the register entry. NSW abolished paper certificates of title on 11 October 2021. Settlements there now happen online, and the transfer is lodged with NSW Land Registry Services. Other states have their own rules, so check with the registry where the land is.
When you buy, your name goes on the register at settlement. You do not need a paper document to prove it. If you want a copy, you can order a title search through an authorised information broker for a small fee.
| Question | Old system (deeds) | Torrens title |
|---|---|---|
| How ownership is proved | A chain of deeds traced back over time | The current entry on the register |
| Who stands behind it | The strength of the chain of deeds | The state government guarantees the register |
| How you search it | A deeds search, often by a specialist | A title search on the folio |
| How common today | Rare, and usually being converted | Generally used for most Australian land |
Reading the second part of a sample title
- A sample folio, 12/34567, lists 4 items under interests: a mortgage, a drainage easement, a covenant and a caveat.
- The mortgage is the seller's loan. It is normally discharged at settlement, so 4 - 1 = 3 items remain.
- The easement and covenant stay with the land. Ask your conveyancer what each one allows or limits.
- The caveat means someone claims an interest. Ask who lodged it and how it will be removed before settlement.
For investors
The title is one of the first checks, not the last.
A title can show limits that change what you can build, rent or sell. An easement can block an extension, and a caveat can delay settlement. Read it early, before you commit to a price. Also check that the seller named on the contract matches the owner on the title. A mismatch is a reason to stop and ask questions.
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