The Torrens Title register is the primary register for land held in NSW under the Real Property Act 1900.
The Torrens Title system was introduced to NSW with the commencement of the Real Property Act 1863. Since then, all land granted by the Crown is subject to the provisions of this Act.
The system was designed by Robert Richard Torrens for the South Australian land title registry when he was appointed Registrar of the state in the 1850s. He based his system on the methods used to insure shipping by Lloyds of London, using a single register for each land holding and updating it with each new transaction.
The Torrens Title system is one of title by registration, meaning that registration is paramount. The greatest advantage of the system is that it is a single document guaranteed by the NSW Government.
The Torrens Title Register is kept by the Registrar General pursuant to section 31B of the Real Property Act 1900. Pursuant to Section 32 of the Act, the Registrar General records grants, folios and dealings with land.
A Certificate of Title (CT) is a copy of the related Folio of the Torrens Title Register.
Torrens Title components
The Torrens Title is made up of three parts - the Old Form Bound Register, the New Form loose Leaf Register, and the Integrated Titling System (ITS).
1. Old form bound Register (1863 - 1961) Volumes 1 to 8497
The Old form bound Register shows:
-
Origin of title i.e. grant details, primary application
-
Previous title reference
-
Successive title reference number(s)
-
Land description points
-
Diagram sketch of land in all but the most modern part of the register.
A new folio was created:
-
When the existing title could not hold further endorsements
-
When part of the land was sold
-
When land was held by tenants in common, with a separate title issued for each owner's share
-
If land was sold under provisions of Local Government Act for unpaid rates.
This Register contains all original strata titles issued between 1961 and 1984 before they were converted to the Integrated Titling System. The majority of this bound register has since been cancelled by the Integrated Titling System.
2. New form loose leaf Register (from 1961 onwards)
-
Volume 8497 onwards
-
250 folios to each volume
-
Loose leaf filing, accessed by photocopy only
-
Format differs from old form Torrens Register with smaller, mass produced or hand drawn diagrams in most cases (excluding strata plans).
-
Endorsements cancelled by ruling through
-
Successive registered proprietors shown in first schedule
-
Second schedule shows any affecting instrument e.g. mortgage, lease, easement, covenant, caveat
-
Origin of title, plus previous and successive title references shown on all but a few titles
-
Originally, when title was incapable of further endorsements, a new edition with same Volume/Folio reference issued, later a new Volume/Folio reference was issued
-
Notifications entered in chronological order, with a separate memorial for each instrument.
When ordering copies of old or new form registers (which are not the current title), it’s important to specify you require a previously cancelled title. Typically, the register will only supply the most recent folio.
3. Integrated Titling System
The NSW LRS Integrated Titling System (ITS) was the world’s first computerised Torrens title system. In May 1999, ITS replaced the Automated Land Titles System which had launched in 1983.
Features of ITS include:
-
The use of folio identifiers from lot and plan numbers rather than Volume/Folio e.g. Lot 1 in Deposited Plan 12345 bears the folio identifier 1/12345
-
Registration of any instrument generates a completely up-to-date edition of the title
-
Details of previous dealings under the automated system and origin of title are available from historical search
-
No diagrams are shown on the title. It bears a notation showing plan number of the title diagram
-
Notations of any unregistered dealings, plans or resumption actions are shown
Note: Paid searches of ITS are available via NSW LRS authorised Information Brokers.
Torrens Title Purchaser's Index
The Torrens Title Purchaser’s Index commenced with the Torrens System on 1 January 1863 and is still in use today.
The Purchaser’s Index was held in book-form from 1863 until 1970 and transferred to Microfiche from 1971 before its integration with ITS in 2001 where it now remains. The index was held in alphabetical order by surname only until 1883, with all records after that date held in strict alphabetical order.
From the commencement of the Torrens System, all grants appear in this index together with all transfers dealing with land under the system.
Updating titles under the Torrens Title system
Changes to land title under the Torrens Title system occur when a dealing is lodged and registered. Dealings reflect any interest related to the land and can include:
Once a dealing is registered and approved, the property’s folio is updated to reflect the change. Having one single folio per land title (rather than adding additional, separate forms for new dealings) helps to avoid overly complicated or missing documents.
How to access the Torrens Title Register
Over 98 per cent of the Torrens Title Register in NSW is electronically stored and maintained by NSW Land Registry Services (NSW LRS).
This Register can be searched using a folio identifier, obtained from a reference number or a property description that is found on documents like council rates and valuation notices. If the folio identifier is not known, some searches can be initiated using a lot/plan number or a street address.
The NSW LRS Online portal provides access to a number of free Torrens Title searches, or professional searches can be obtained for a fee through authorised Information Brokers
Torrens title compliance in NSW
All documents related to land transactions in NSW are investigated for compliance with NSW LRS guidelines and legislative requirements. Once approved, dealings are registered or recorded in the Torrens Register and preserved as images, which may be viewed as A4-sized copies.
Plans affecting both Torrens Title and common law land are examined to ensure legal boundaries correspond with those in the NSW land cadastre. This process ensures existing interests are preserved from one generation of title to the next.