In the first years of the NSW colony, there was no system for recording land transactions. In some cases, brief particulars of a sale were written on the back of a land grant; in many cases, ownership changed without any evidence at all.
The ‘Old Register’
This changed in 1802 when the Judge Advocate invited parties to record their land dealings, forming the first book of the ‘Old Register’. These records were occasionally updated. It is almost impossible to relate these records to any parcel of land that exists today.
On 18 January 1817, Governor Macquarie issued a proclamation providing for the registration of deeds related to land with the Office of the Judge Advocate, also part of the Old Register.
With the introduction of the Supreme Court and its constitution in 1823, the Office of the Judge Advocate was abolished. On 16 November 1825 the Registration of Deeds Act 1825 made the Supreme Court the central register of deeds and conveyances. This Act introduced a special form of memorial and the principle that any Deed or instrument should be prioritised according to the date of registration and not the date of execution. At this time, the ‘Vendors Index’ was also established.
The Registration of Deeds Act 1843 established the Office of the Registrar General and provided a register for the lodgment of a sworn, complete copy of a deed in that Office. All existing records were transferred to the Registrar General in 1844, but on 31 December 1849 the Office was abolished and its responsibilities transferred back to the Supreme Court.
However, on 1 January 1856 the Office of the Registrar General was re-established for the first compulsory registration of births, deaths and marriages. From 1 May 1857, responsibility for registration of deeds was returned to the Registrar General.
An amendment to the Registration of Deeds Act in 1896 established the Purchasers Index for Old System land. This system, based on English Common law, had many inadequacies. Each time land was sold or mortgaged, a separate deed was drawn up while proof of title required the tedious examination of a series of deeds (known as a chain of deeds). The system was cumbersome, expensive, uncertain and not guaranteed by the State. Additionally it was not mandatory to register plans of subdivision of Old System land prior to 1961.
The introduction of the Torrens Title System in NSW with the commencement of the Real Property Act 1863 marked the end of Old System land titles and the beginning of the system we use today.
Understanding Old System Records
Grant Registers (1792 - 1862)
The Grant Registers were originally grouped in series such as Land Purchases, Town Purchases, or Special Grants and were referred to by the letter/numeral in that series or by the year of the grant (e.g. 1861 Land Purchases). In 1896, a new serial number was allocated to each Grant Register and was stamped under the prior allocated letter or number.
Fifteen indexes have been compiled to the Grant Registers. All indexes refer to the name of the grantee and the area of the land. Seven of them are typed in alphabetical order of surname and given names, quote the current serial number of the register and, in all except one case, the page. The eight handwritten indexes are in alphabetical order of surname initials only, do not quote the current serial number and, in at least one index, refers to the page of the Grants Register in the Office of the Colonial Secretary, not the page number as presently bound.
The Old Register (1802 - 1825)
The Old Register comprises nine volumes in chronological order and one index. It holds many entries which do not relate to land transactions, and was re-indexed in 1856 to exclude all entries not affecting land. As a result, this index is incomplete as the previous index was apparently destroyed during this period.
Vendors Index (1825 - 1992)
The Registration of Deeds Act of 1825 established a General Register for recording transactions with land and the associated index, now known as the Vendors Index. The Vendors Index is the valid index for all registrations in the General and Miscellaneous Registers and entries are made under the names of all people either granting or creating an estate or interest.
From its commencement in 1825 until 1898, entries were made in alphabetical order of last names only. After 1898, the Vendors Index is in alphabetical order of first and last names. It is important for researchers to note that other transactions not relating specifically to land are also contained in this Register.
From 1 November 1992 (Book 4000), manual indexing ceased under the Automated Deed Indexing System (ADIS). All indexes since that date relating to Old System land are held in Integrated Titling Systems (ITS).
Purchasers Index (1896)
The Purchasers Index is a record of persons acquiring an estate or interest in land, compiled from the entries recorded in the Vendors Index. It was established on 1 July 1896 and sorted in alphabetical order.
This Index is used as an aid in search queries, such as where there is a break in title or where there is an owner but no official title is known. Purchasers Index entries are not made for registrations in the Miscellaneous Register. The modern part of the Index is not as complete as earlier volumes, as it contains only references to owners of land.
Miscellaneous Register (1920 – 1976)
As its name implies, this Register contains a wide variety of transactions.
The most important of these for land title searches are Powers of Attorney, Changes of Name and Appointments of Receivers. From its commencement on 1 July 1920 until 10 March 1950, a separate Miscellaneous Index was maintained. From that date until the close of the Register on 30 June 1976, entries were indexed in the Vendors Index.
Index to Instruments Evidencing Change of Name (1875 - 1967)
Prior to 1997, a name change could be officiated through a Deed Poll or Instrument Evidencing Change of Name.
A series of six index books relate to Instruments Evidencing Change of Name can assist researchers with identifying where to locate records relating to changes of name:
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Instruments enrolled between 29 January 1875 and 30 September 1925 with the Prothonotary of the Supreme Court and transferred to the Registrar General on 1 October 1925 (Book 1 only)
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Instruments enrolled in the then Bills of Sale Section during the period 1 October 1925 to 30 June 1967
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Instruments registered in the Miscellaneous Register during the period 22 July 1942 to 30 June 1967 - earlier registrations being indexed only in the Index to the Miscellaneous Register.
Instruments evidencing a change of name have also been accepted in the following NSW registries and record series:
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Supreme Court: Prior to 1 October 1925 (when the Transfer of Records Act 1923 became operative), instruments were typically enrolled via the Prothonotary’s Office at the Supreme Court. Instruments enrolled in that Office up to 30 September 1925 were transferred to the Registrar General with other instruments/records covered by the Transfer of Records Act 1923.
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Instruments evidencing change of name were also accepted for enrolment in the Equity Office (mostly between 1914-1918); these records have not been transferred to the Registrar General.
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Since 1925 it has been the policy of the Equity Office not to accept enrolments of this nature.
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General Register of Deeds (prior to 1 July 1920): Although enrolment in the Supreme Court was the most accepted method for the recording of instruments, some registrations were made in the General Register of Deeds prior to 1 July 1920 (when the Conveyancing Act 1919 became operative).
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Bills of Sale Section: Following the transfer of deeds and instruments on 1 October 1925, it was general practice for some years to register deeds and instruments in the Bills of Sale Section. This practice was terminated on 30 June 1967 where the Miscellaneous Register was used exclusively until its closure in 1976.
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Miscellaneous Register (constituted 1 July 1920): Deeds and instruments evidencing change accepted for registration from its inception on 1 July, 1920.
All changes of names were registered in the General Register of Deeds and indexed inclusively in the Vendors Index from 30 June 1976 until April 1996 when this function was transferred to the Registry of Births, Deaths and Marriages at www.bdm.nsw.gov.au.
Guidelines and standards for Old System instruments
Guidelines and standards for preparing dealings and Old System instruments for registration in the General Register of Deeds apply when producing or completing:
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Real Property Act dealings and instruments
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Registration copies of Old System deeds and instruments
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Originals of Old System deeds and instruments where NSW LRS is to prepare the registration copy, and
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Any annexure to the above.
The conversion of land held under old system to Torrens Title can be explored in the following documents: